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STATE OF NEW JERSEY. 


AJNT ACT 

TO REGULATE 



With the Amendments Thereof, and Other 
Acts Concerning Elections, 


AND THE 

CONSTITUTIONAL PROVISION CONCERNING THE 
RIGHT OF SUFFRAGE. 


Compiled and Printed under the Direction of the 
Secretary of State. 



TRENTON, N. J.: 

The J. L. Murphy Publishing Co., Printers. 
1904 























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STATE OF NEW JERSEY. 


AN ACT 

TO REGULATE 


ilLECTIONS 

(Revision of 1898), ^ ^ 

/fM f6 

APPROVED APRIL 4th, 1898, U ^ 


With the Amendments Thereof, and Other 
Acts Concerning Elections, 

AND THE 


CONSTITUTIONAL PROVISION CONCERNING THE 
RIGHT OF SUFFRAGE. 


Compiled and Printed under the Direction of the 
Secretary of State. 



TRENTON, N. J.: 

The i. L. Murphy Publishing Co., Printers. 
1904. 




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MAY 


9 { 

D. of 0 , 


1906 


An Act to Regulate Elections. 

Revision of 1898. 

Approved April 4th^ 1898. 


Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

Times and Places of Elections. 

1. On tlie Tuesday next after the first Monday in 
vember in each year, an election shall be held in each 
county, to elect for such county such a number of per¬ 
sons to be members of the general assembly as such 
county shall be entitled to elect; which election shall 
be known as the general election. 

2. All municipal, local or charter elections shall con¬ 
tinue to be held on the days heretofore fixed or estab¬ 
lished by, or pursuant to, any law of this state applicable 
thereto. (See section 238.) 

3. On the Tuesday next after the first Monday in 
li^ovember, in the year of our Lord one thousand nine 
hundred, and in each fourth year thereafter, an election 
shall be held to elect such a number of persons to be 
electors of president and vice president of the United 
States as this state shall be entitled to elect or appoint; 
each of whom shall be a male citizen of the United 
States, of the age of twenty-five years or upwards, and 
an inhabitant of this state, and shall have been a citizen 
of the LAiited States seven years next preceding such 
election. 

4. In all elections the polls shall open at six o’clock in 
the morning and close at seven o’clock in the evening, 
and shall be kept open during the whole day of election. 


Data of 
general 
election. 

Assemblymen 

elected. 


Dates of local 
elections. 


Election of 

presidentiai 

electors. 


Their 

quaiifications. 


Time of 
opening and 
closing polls. 



4 


ELECTIOisS. 


Notice by 
secretary of 
state of 
election of 
certain 
officers. 


Notice by 
county clerk. 


Election of 
sheriff and 
other county 
officers. 


Notice by 
county clerk. 


Notice of 
election by 
township or 
municipal 
clerk. 


between the hours aforesaid; provided, the board of 
election may adjourn such election from one o’clock 
until two o’clock in the afternoon^ or for snch shorter 
time, between those hours, as they shall see fit. 

5. The secretary of state shall, between the first day 
of August and the first day of September, in every year 
wherein electors of president and vice president of the 
United States, members of the house of representatives,, 
a governor or senator for any county, or any of them, 
are to be elected, direct and cause to be delivered to the 
clerk of the county, wherein any such election is to be 
held, a notice stating that such officer or officers are to 
be elected at the ensuing election; and the clerk of such 
county shall, within fifteen days after the receipt of the 
said notice, cause a copy of the same, certified under 
his hand to be true and correct, to be delivered to the 
clerk of eiach township, city or other municipality in 
said county. 

6. The sheriffs and coroners shall be elected by the 
people of their respective counties at the general elec¬ 
tion once in every three years; and the clerks, regis¬ 
ters of deeds and surrogates of counties shall be elected 
by the people of their respective counties, at the gen¬ 
eral election, once in every five years; and it shall be 
the duty of the clerk of every county, between the first 
day of August and the first day of September, immedi¬ 
ately preceding the expiration of the term of office of 
any snch officer, to direct and cause to be delivered to the 
clerk of each township, city or other municipality in said 
county, a notice that such officer or oflficers, as the case 
may be, will be chosen at the ensuing election. 

7. The clerk of every township, city or other munici¬ 
pality shall, at least eight days prior to and within thirty 
days next preceding the day of election, put up, or cause 
to be put up, an advertisement in at least five of the most 
public places within such township, city or municipality, 
which advertisement shall make known the time, place 
and purpose of holding such election, and the office or 



ELECTIO^s^S. 


5 


offices to be filled tliereat, and shall be signed by such 
clerk. 

8. The cleirk of every township, city or other munici¬ 
pality shall, prior to the date of the first meeting of the 
board of registry and election, procure for each election 
district in his township, city or municipality, a suitable 
room in which said board shall meet to make and revise 
the register of voters, and also to hold the election; and 
said clerk shall immediately notify said hoard of the 
location of such room; and if any such clerk shall omit 
to procure such room, then the meetings of such board 
and such election shall be held at such place as a majority 
of such board shall designate; if, in the judgment of said 
clerk, it shall be inadvisable to hold the election in the 
place designated for holding the meeting of the board of 
registry, then it shall be la^\ffiul for such clerk to des^ 
ignate another place for holding such election, or to 
cause a building to be constructed in the street outside 
the curb line immediately in front of, or as near as pos¬ 
sible to, the place of meeting of such registry board, in 
which to hold such election; 'provided, no election shall 
be held in the bar-room of any inn or tavern or saloon 
where intoxicating liquors are licensed to be sold. 


Election Districts. 

9. When at any election more than six hundred votes 
shall be or shall have been cast in any election district, 
such district shall forthwith be divided by the township 
committee or mayor and common council or other gov¬ 
erning body of the municipality containing the same 
into two or more election districts, or in lieu thereof, 
the boundary lines of any existing election district or 
districts may be changed, or such districts re-adjusted; 
provided, however, that each of such districts, after such 
division, change or re-adjustment, shall not contain more 
than six hundred nor less than one hundred and fifty 
voters. 


Room for 
registration 
of voters and 
for election, 
how procured. 


Election 
districts 
divided or 
re-adjusted, 
when and 
how. 



6 


ELECTIONS. 


Election 

districts 

changed or 

consolidated, 

when. 

[Amended, 

P. L. 1899, 
p. 165.] 


Description 
of boundaries 
filed. 


“Election 

district” 

defined. 


County 

boards, 

aopointment 

of. 


Nominations 

for. 


10. The said toi\Tiship committee, mayor and common 
council or other governing body, shall have power, from 
time to time, to divide an election district, to change or 
re-adjust the boundary lines of any election district or 
districts, or consolidate two or more districts, whenever, 
by reason of change of population or alteration of mu¬ 
nicipal lines or otherwise, such action shall be deemed 
advisable; 'provided, that in every division, change or 
re^adjustment the geographical compactness of each 
district and the convenience of tlie voters shall be first 
considered. 

11. The township committee, mayor and common 
council or other governing body shall forthwith cause a 
description of the boundaries of such new election dis¬ 
trict or districts, and of the election district or districts 
afiected by such division, change or re-adjustment, to-be 
filed in the county clerk’s office, and a duplicate thereof 
in the office of the clerk of the township, city or other 
municipality. 

12. For the purpose of this act the term ^^election 
district” denotes the territory within which there is a 
single polling place for all the voters therein. 


County Boards of Election. 

13. There shall be in every county a county board of 
elections, tO' consist of four persons, tO' be appointed by 
the governor in the month of July in each year, and who 
shall be legal voters within the counties for which they 
are respectively appointed; no more than tw^o members 
of any such board shall belong to the same political 
party; the chairman of the state committee of each of 
the t^vo political parties which at the last preceding 
general election cast the largest and next largest number 
of votes in the state for members of the general assembly, 
may, in the month of June, in writing, nominate two 
members of his own party in each county, qualified as 



ELECTIONS. 


7 


aforesaid, for members of the county board of elections 
in and for such county; and if such nominations be made 
in said month of June, the governor shall appoint such 
nominees, provided that one of such members represent¬ 
ing each political party shall be appointed for the term 
of one year from the first day of August next, and the 
remaining members shall be appointed for the term of- 
two years from said first day of August; and thereafter 
one member of each political party shall be appointed 
annually, in the same manner, in the month of July, 
and shall continue in office for two years from the first 
day of August next after their appointment; in case of 
the death or disability of any member of any of said 
boards, the governor shall be forthwith notified thereof 
by the chairman or secretary of said board; the governor 
shall cause notice of such death or disability to be given 
the chairman of the state committee of the political party 
for which such member was appointed; and such chair¬ 
man shall, within six days thereafter, nominate a suc¬ 
cessor, who shall thereupon be appointed by the governor; 
^all appointments to fill any vacancies occurring in said 
boards shall be for the unexpired term only; if, in any 
case, either of said chairmen shall fail tb make nomina¬ 
tions to the governor within the time aforesaid, the gov¬ 
ernor shall make such appointments of his own selection 
from the same political party of which the delinquent 
chairman is a member; said county boards of election 
shall be provided by the board of freeholders of the 
respective counties with a suitable ofiice and furniture, 
in the court house of the county for which they are re¬ 
spectively appointed, or in a building as near as possible 
adjacent thereto. 

14. Said county boards of election shall, at ten o’clock 
in the forenoon on the first Tuesday in August, or on 
such other day as they may agree on within the first ten 
days of August in each year, meet at the court house or 
other place provided as aforesaid in their respective coun¬ 
ties, and organize by electing one of their number to be 


Terms of. 


Proceedings 
in case of 
vacancy in. 


Suitable office 
to be 
provided. 


Organization 
of county 
boards. 



ELECTIONS. 


Registry 
list made. 


When board 
appointed. 


eliairman and one to be secretary; bnt the chairman and 
secretary shall not belong to the same political party; in 
case a failure to elect such chairman for three ballots or 
viva voce votes, then the oldest (in years) of such board 
shall be the chairman thereof; and on failure to elect 
such secretary for three ballots or viva voce votes, the 
member of the board next oldest (in years) to the chair¬ 
man of such board, and not of the same political party, 
shall be secretary. 


District Boards of Registry and Election. 

15. The county board of election in each county shall 
cause to be made a complete registry of all the legal 
voters in their respective counties, and for that purpose 
shall appoint for each election district in the county four 
persons, legal voters and residents of such districts, to 
be the board of registry and election for such district; 
not more than two of such appointees in each election 
district shall belong to the same political party; the 
said boards of registry and election shall be appointed 
on or before the twenty-fifth day of August in each 
year, upon nominations made in writing by the chairman 
of the county committee of each of the two political 
parties which at the last preceding general election cast 
the largest and next largest number of votes in said 
county for members of the general assembly; said 
nominations shall be made after the tenth and not later 
than the fifteenth day of August in each year; and in 
event that either chairman shall neglect to file such 
nominations in the manner and within the time herein 
prescribed, the county board of election shall immediately 
cause notice to be given to said chairman, and he may 
supply the deficiency in the list of nominations on'or 
before AugTist twenty-second next following; and the 
county board of elections shall appoint said nominees; 
p7'ov{ded, hoiueper, that all nominees shall answer in writ- 


Proviso. 



ELECTIO^s^S. 


9 


ing oveT their own signatures and to the satisfaction of the 
comity board of eilections, all reasonablei questions which 
may be submitted to them or prepared for that purpose 
by the county board of elections, which refer to the 
efficiency, eligibility and character of the nominees, and 
bear njwn their fitness to serve as members of the board 
of registry and election; and on failure so tO‘ do said 
board may by a majority vote reject such nominee, and 
thereupon shall immediately notify such chairman to 
nominate another member of such board; if the 
chairman of either of the said county committees 
shall fail to present in the manner and within thtej 
time herein specified, a list of nominees for appoint¬ 
ment as members of the district boards of registry and 
election, the county board of elections shall supply any 
deficiency in the list of nominees from membersi of 
the political party of which the delinquent chairman is 
a member; provided, also, that the county board of 
elections may remove from office any member of any 
board of registry and election for neglecting or refusing 
to properly discharge the duties of his office at the time 
required by law, for intoxication, for incapacity or for 
deceit or falsehood exercised in securing his own appointr 
ment; and all police, officers, constables, sheriff and 
peace officers are hereby required to remove, summarily, 
by force if necessary, any member of the board of registry 
and election in said county whose removal has been 
ordered in writing by the county board of elections, 
attested by the signatures of the chairman and secretary 
of such board; the vacancy so made shall be filled im¬ 
mediately by the county board of elections, but for the 
unexpired term only. 

16. The members of said county boards of election 
and also the members of said district boards of registry 
and election shall, before entering upon the performance 
of their duties, severall}^ take and subscribe an oath or 
affirmation, in writing, before a duly qualified officer, 
faithfully and impartially to discharge all their duties 


Proviso. 


Official oath 
of members 
of county and 
district 
boards. 



10 


ELECTIONS. 


[Amended, 
P. L. 1899, 
p. 165.] 


Term of 
district 
boards of 
registry. 


Proviso. 


Meetings of 
district 
boards, 
where held. 


Organization 
of district 
boards. 


as such officers, to the best of their skill and ability; which 
oaths or affirmations shall be forthwith forwarded tO' the 
county clerk, and by him filed in his office!, and after 
qualification as aforesaid, any member of either of said 
boards may, at any meeting thereof, administer any oath 
or affirmation required or permitted to be taken by this 
act. 

IT. The terms of office of the members of the dis^ 
trict boards of registry and election shall begin on Sep¬ 
tember first of each year, and expire on August thirty- 
first of the followfing year, or when their successors are 
appointed and qualified; all vacancies in the district 
boards of registry and election except those caused by the 
removal of a member from office shall be filled by the 
county boards of elections in the same manner as herein¬ 
before provided for the original appointment of such 
members, but for the unexpired term only; provided, 
however, that in case of a vacancy occurring in said board 
on the day of election, by reason of the absence or disabil¬ 
ity of a member except in case of removal by order of the 
county board of elections, such vacancy shall be immedi¬ 
ately filled by the member of the district board of the 
same political party as the member whose place has be¬ 
come vacant; such appointment shall be immediately re¬ 
ported to. the county board of elections. 

18. The district boards of registry and election shall 
severally meet within the district for which they are 
appointed, at such place as shall be designated by the 
clerk of the municipality, on the days hereinafter desig¬ 
nated, for the purpose of making a registration of voters. 

19. Each of said boards shall at its first meeting elect 
one of its members as judge', who shall be chairman of 
such board, and another one of its members as inspector; 
such judge and inspector shall be members of opposite 
political parties, and the other two members of the board 
shall be the clerks of election, and shall perform all the 
duties required by law of the clerks of registry and elec¬ 
tion; in case of failure to elect a judge as herein pro- 



ELECTIOIs^S. 


11 


vided, after balloting or voting three times, the member 
of the board oldest in years shall become judge, and in 
case of failure to elect an inspector after balloting or 
voting three times, the oldest member of the board in 
years of the opposite political party shall become the 
inspector. 

20. The county board of elections of each county shall 
at least two weeks preceding the primary election cause 
a notice to be published in such of the newspapers of 
their county as they shall previously have designated for 
that purpose, not exceeding six in all, setting forth that 
the boards of registry and election in and for each elec¬ 
tion district in such county will meet for the purpose of 
making a registration of voters on the days and between 
the hours hereinafter designated for that purpose, and 
that a primary election of delegates to conventions of 
political parties or for making nominations, or for both, 
as the case may be, will be held on the second Tuesday 
of September, and between the hours and at the places 
as provided in this act; said notice shall be published, 
as nearly as may be, equally in newspapers of the differ¬ 
ent political parties, and so as to afford the widest possi¬ 
ble information to all voters of every political party; 
and such notice shall be continued in such newspapers 
at least once a week for at least three weeks successively; 
provided, that such publication shall not be made in any 
daily newspaper more than twice in any one week; in 
cities of the first class said notice shall include in the 
newspapers designated therein a short description of the 
boundary lines of each election district therein, and the 
place of meeting of the board of registry and election 
therein, provided that the part of said notice in reference 
to the primary elections may be omitted after the hold¬ 
ing of the same. 


Public 
notice in 
newspapers. 
[Amended, 
P. L. 1903, 
p. 624.] 



12 


ELECTIOJs^S. 


First 

meeting for 
registration 
for general 
election in 
cities having 
over 30,000 
inhabitants. 
[Amended, 

P. L. 1901, 
p. 254 ; P. L. 
1903, p. 625.] 


Post copy of 
register. 


Conduct 

primary 

election. 


Second 
and third 
meetings for 
registration. 


Registration for the General Election in Cities of Over 
Thirty Thousand Population. 

21. The district boards of registry and election in all 
districts in cities having by the next last preceding census 
a population exceeding thirty thousand, shall meet annu¬ 
ally on the second Tuesday in September, at one o’clock 
in the afternoon, and continue in session until nine 
o’clock in the evening, for the purpose of registering the 
names of all legal voters, residents of the election dis¬ 
trict for which they are appointed; after the board shall 
have organized they shall proceed to make two lists or 
registers, arranged by streets, in the alphabetical order 
of such streets and by street numbers, if any there be, 
and if not, by the order of the houses as they occur upon 
any avenue, street or road in such district; they shall 
register the names of all persons in their respective elec¬ 
tion districts entitled to the right of suffrage therein at 
the next election who shall personally appear before them 
for that purpose, and such other persons as shall be shown 
by the written affidavit of a voter residing in the same 
election district to be lawfully entitled to vote therein at 
the ensuing election; provided, that no person so apply¬ 
ing shall be registered unless a majority of the board 
shall be satisfied, by affidavit or otherwise, that he will 
be entitled to vote in that election district at the ensuing 
election; on the day succeeding such meeting each of the 
clerks shall post a copy of the register, in hand-bill form, 
in some conspicuous place in such election district; said 
board of registry and election shall also, at said session, 
act as a primary election board and conduct the primary 
elections as provided in this act. 

22. The said district boards of registry and election 
in the aforesaid cities, shall again meet in the same place 
and at the same hour, on Tuesday four weeks next pre¬ 
ceding the general election, and finally on Tuesday two 
weeks next preceding the general election, for the pur- 



ELECTIONS. 


13 


pose of revising and correcting the registers, and of add¬ 
ing thereto the names of all persons entitled to the right 
of snfl'rage in that election district at the next election, 
who shall appear in person before them and establish to 
the satisfaction of a majority of the hoard that they are 
entitled to vote in that election district at the next elec¬ 
tion therein, or who shall be shown by the written affidavit 
of a voter residing in the same election district to' be so 
entitled to vote; the district board of registry and elec¬ 
tion shall erase from snch registry the name of any person 
c^r persons who-, after a fair opportnnity to be heard, 
shall be shown by due proof not to be entitled to. vote in 
snch election district.; three copies of the revised register 
shall be made by the board of registry and election, which 
shall be so writt.en as tO' show opposite each name whether 
each voter appeared in person before such board or was 
registered by affidavit; if by affidavit, the name of the 
person making such affidavit shall follow the name of 
the person so registeired in a space or column provided 
for that purpose; and such revised registers shall be 
arranged by streets and by street numbers in the same 
manner as is required with respect to the lists to' be made 
on the first registry day; the register of names in each 
election district shall be made up annually for the gen¬ 
eral election as herein provided, and shall not be copied 
from the register of the previous year or of any previous 
election, either in whole or in part; on the day succeed¬ 
ing the completion of the register, one copy thereof shall 
be delivered by the chairman to the county board of elec¬ 
tions, to be filed by them; one copy shall be posted at 
the place of registry in said district, for public inspection, 
sgnd one copy shall be retained by the judge for use by 
the district board on the day of election. 


Names erased 
from register. 


Three copies 
to be made. 


New register 
each year. 


Disposition 
of the three 
copies. 



14 


ELECTIONS. 


First 

meeting for 
registration 
for general 
election in 
districts 
outside of 
cities having 
over 30,000 
inhabitants. 
[Amended, 

P. L. 1901, 
p. 255 ; P. L. 
1903, p. 626.] 


Second 

meeting. 


Registration for the General Election in Districts Out¬ 
side of Cities of Over Thirty Thousand Population. 

23. The hoards of registry and election in all ©lection 
districts in the state outside of cities having a popula¬ 
tion ©xceeding thirty thousand shall meet annually on 
the first Tuesday of Septemher in each year, at ten 
o^clock in the forenoon, and having first organized shall 
proceed to ascertain, and truly and accurately enter in 
canvassing-books, to be provided for that purpose, the 
names and residences and street numbers, if any, of all 
legal voters residing within their respective election dis¬ 
tricts entitled to vote therein at the next election by 
making actual inquiry at every dwelling-house, or habi¬ 
tation, or of the head of every family residing therein, 
and shall continue such enumeration of voters from day 
to day thereafter, on successive days, until the same be 
completed; 'provided, that such enumeration shall ter¬ 
minate on or before the Friday next succeeding; the 
name of every such voter, as aforesaid, whose place of 
abode shall be in any family or habitation, or who may 
be casually or temporarily absent therefrom when such 
enumeration is made., shall be entered in said canvassing- 
books; in making such enumeration the said boards of 
registry and election may divide their ©lection districts 
into subdivisions, and any two of their number, not of 
the same political party, designated by the chairman, 
together and in company, may make the enumeration 
in such subdivisions; no' name shall be entered on such 
canvassing-books without the concurrence of both of 
said members, or if said enumeration be made by the 
entire board, without the concurrence of a majority 
thereof; on the second Tuesday of September, next pre¬ 
ceding the general election, said boards shall meet at 
the places provided in this act for holding tlie primary 
election in their respective election districts, at one 
o’clock in the afternoon, and continue in session until 



ELECTIOIs^S. 


15 


nine o’clock in the evening, at which time and places 
said boards shall hold the primary elections as provided 
in this act, and shall also proceed to transcribe and make 
lip from said canvassing-books two lists or registers of 
the names arranged in alphabetical order, together with 
the residences and street numbers, if any, of all persons 
in their respective election districts entitled to the right 
of suffrage' therein at the next election, or who shall per¬ 
sonally appear before them for that purpose, or who shall 
be shown to the satisfaction of such board of registry 
and election by the affidavit in writing of some voter in 
that election district to be a legal voter therein. 

24. When, on the day of their meeting, as provided 
in the next preceding section, the board of registry and 
election shall have completed said two registers, they shall 
certify on each of them and announce publicly the num¬ 
ber of names entered thereon; on the day succeeding 
such meeting a correct list of the names entered on said 
registers, Avith residences and street numbers, if any, 
shall be posted by each of said clerks, in hand-bill form, 
in some conspicuous public place within such election 
district; both of said lists shall be certified by the board 
of registry and election, or a majority thereof, to be cor¬ 
rect copies of the original registers; the said board of 
registry and election shall also meet on Tuesday next 
])receding the general election at the place of their former 
meeting, at the hour of one o’clock in the afternoon, and 
remain in session until nine o’clock in the evening, for 
the purpose of revising and correcting the original reg¬ 
isters, of adding thereto the names of all persons entitled 
to the right of suffrage in that election district at the 
next election, Avho shall appear in person before them or 
shall be shoAvn by the Avritten affidavit of some voter 
in such election district to be a legal voter therein, and 
of erasing therefrom the name of any person, who, after 
a fair opportunity to be heard, shall be shoAvn not to be 
entitled to vote therein; provided, that no name shall be 
entered on said registers or either of them from said 


Two registers 
to be made. 


Two copies of 
registers to 
be posted. 


Third 

meeting. 


Names erased 
from register. 



16 


ELECTIOIsrs. 


Additional 
copy filed 
with 

municipai 

cierk. 


Disposition 
of the two 
originai 
registers. 


Meetings of 
county board 
before general 
election. 


Procedure to 
add names to 
register. 


canvassing books, or stricken therefrom, without the con¬ 
currence of a majority of all the members of said boards 
of registry and election; upon the completion of said 
registers the said board of registry and election shall 
publicly announce and certify on each register the num¬ 
bers of names entered thereon, and one of said clerks^ 
to be designated by the chairman of said board of registry 
and election, shall prepare an additional copy of the 
names, residences and street numbers, if any, on such 
completed register, which additional copy, after being 
certified as aforesaid, shall be by said clerk, within two 
days after said last-mentioned Tuesday, filed with the 
clerk of the township, city or other municipality within 
which such election district may be situate; on the day 
succeeding the completion of said registers, one copy 
thereof shall be delivered by the chairman of said board 
to the county board of elections to be filed by them, and 
one copy shall be retained by him for use by the district 
board on the day of election. 


Meeting of the County Board of Elections Before the 
General Election. 

25. It shall be the duty .of the several county boards 
of elections to sit at the office so provided for them on 
Thursday and on Saturday next preceding the day of 
the general election, from eight o’clock in the forenoon 
till five o’clock in the afternoon of each of said days; 
and in case the name of any legal voter in any election 
district has been improperly or inadvertently left off the 
registry list, he may, on said days, apply in person to 
the county board of Sections for the purpose of having 
his name placed upon the register; and the county board 
of elections, upon such application to them, and upon 
proper evidence satisfying them that such 2 :>erson is a 
legal voter entitled to vote at any such election, may give 
their certificate to that effect, and shall add his name to 



ELECTIO:\^S. 


17 


tlie proper register on file with them; snch voter may 
present snch certificate to the hoard of registry and elec¬ 
tion of the district in which he is entitled to vote, and* 
said hoard shall receive and file said certificate and add 
his name to the register, provided said board shall he 
satisfied that.he is entitled to vote in said district, and 
he shall thereupon he allowed to vote at said election, and 
no name shall be. added to the said register after the last 
registry day preceding the day of election except in the 
manner provided for in this section; 'provided, however, 
that certificates of transfer may he issued and shall he 
accepted in the cases hereinafter mentioned ; said hoard 
may order erased from any register the name of any per¬ 
son wdio shall he shown to the satisfaction of the board, 
for any cause, not to he entitled to vote at the next elec¬ 
tion in the election district wherein he is registered; 
prQvided, that no name shall he ordered erased from any 
such register in the absence of the person to be affeeted 
thereby, unless it shall appear to the hoard by affidavit 
of some qualified voter that notice has been given such 
person, either personally or by leaving the same at his 
assigned place of residence, with some person above the 
age of fourteen years, at least two entire days before 
such meeting of the board, that at such meeting applica¬ 
tion would be made to have the name of such registered 
person stricken from the register, on the grounds on 
which said application would be based; when any name 
shall be stricken from any register as aforesaid, a cer¬ 
tificate of such board, stating the name erased and the 
cause therefor, and from what election district, shall be 
given to the person applying to have such name erased, 
and such board shall erase the name of such person from 
the register on file with them, and on the delivery of 
such certificate to the board of registr^q the name of such 
person shall be erased by them from the register in their 
possession, and his vote shall not be received if he pre¬ 
sents the same. 


I’rocedure to 
erase names 
from register. 


2 




18 


ELECTIONS. 


Meetings 
to make or 
revise 

registers for 
charter elec¬ 
tions in cities 
having over 
80,000 
inhabitants. 
[Amended, 

1*. L. 1901, 
p. 256.] 


Dates of 
meetings. 


Two copies to 
be posted. 


Disposition of 
two original 
registers. 


Registration in Cities of Over Thirty Thousand Popu- 
‘ lation for Charter Election. 

'2i). In each city of this state having a population ex¬ 
ceeding thirty thonsand it shall be the duty of the district 
boards of registry and election for all elections other than 
general elections to make, alter and revise, as the case 
may require, the register of voters within and for the 
several election districts of such city; 'provided, however, 
that where the election districts have remained unchanged 
it shall not be necessary for said boards to make a new 
register of the voters for suclr election districts, but only 
to revise and correct the register made for the last gen¬ 
eral election ; and for that purpose the said boards shall 
meet at such places in their resipective election districts 
as shall be designated by the clerk of such city, on Tiies- 
day four weeks next preceding such election, and finally 
on the Tuesday two weeks next preceding the same; and 
meetings to begin at one o’clock in the afternoon and 
to continue until nine o’clock in the evening, for the 
purpose of revising and correcting the register and of 
adding thereto the names of all persons entitled to the 
right of suffrage in that election district at the said elec¬ 
tion, who shall appear in person before them and estab¬ 
lish to the satisfaction of the majority of the board that 
they are entitled to vote in that election district at said 
election, or who shall be shown by the written affidavit 
of a voter residing in the same election district to be so 
entitled to vote; a separate affidavit shall be required 
for each person so registered, which shall contain the 
address of the affiant and shall be signed by him; on 
the day succeeding such first meeting, each of the clerks 
shall post, in hand-bill form, in some conspicuous place 
in such election district, a copy of the revised register; 
and on the day succeeding such second meeting, one 
copy thereof shall be delivered by the chairman to the 
county board of elections to be filed by them; and one 



ELECTIONS. 


19 


copy sliall be retained by liim for use by the district board 
of election. 

27. The county board of election shall deliver to the 
city clerk of the city in which an election for municipal 
officers or any special election is to be held, seven Aveeks 
at least prior thereto, the copies of the registers filed Avith 
said county board of elections at the previous general 
election, to be by the said city clerk delivered to the dis¬ 
trict boards of registry and election, six Aveeks at least 
preceding any such election. 

28. It shall be the duty of the city clerk in each of 
the said cities to give notice by publication in at least 
tAvo of the neAvspapers published in said city, of the time 
and place of the meetings of the district boards of regis¬ 
try and election, at least two Aveeks, once in each Aveek 
before the first day upon which such boards shall meet; 
in cities of the first class the said notice shall include a 
short description of the boundary lines of each election 
district and the location of the polling place therein. 


Registration in all Other Municipalities for Charter 
and Local Elections. 

29. In all cities of this state having a population not 
exceeding thirty thousand and in all toAvnships, toAvns, 
boroughs and municipalities other than cities, there shall 
be no neAV registration required for any election other 
than the general election; but the seA^eral boards of 
registry and election shall procure and use in their re- 
spectiA^e districts at such election the copy of the register 
filed Avith the clerk of the municipality Avithin AAffiich such 
election district may be situate ; said boards shall meet 
on the Tuesday next preceding such election, to revise and 
correct said register in the manner hereinbefore provided 
for the reAusion of the registers in cities having a popula¬ 
tion exceeding thirty thousand; and each election clerk 
of every district shall cause at least three notices of the 


Registers to 
be delivered 
by county 
board to city 
clerk for use 
of district 
boards. 


City clerk 
to publish 
notice of 
registration. 


Meetings 
to revise 
registers for 
local elec¬ 
tions in 
districts 
outside of 
cities having 
over 30,000 
inhabitants. 
[Amended, 

P. L. 1901, 
p. 257.] 


Notices of 
meeting. 




20 


ELEOTIO^S^S. 


Copy of 
register 
delivered to 
county board. 


time and place of such meeting to re\dse and correct said 
register, to be conspicuously posted in public places -within 
such district, at least one week before such meeting; no 
copy of such revised and corrected register need be posted, 
but a copy shall be filed with the county board of elections 
within one day thereafter. 


Meeting of County Boards of Election Before Charter 
Elections. 


Meetings of 
county board 
before 
charter or 
local 

elections. 


County 
boards to 
appoint 
district 
boards for 
new or 
altered 
districts. 


Duty of such 

district 

boards. 


30. It shall be the duty of the several county boards 
of elections to sit on Thursday and also on Saturday 
next preceding any township, municipal, charter, local 
or special election in their respective counties, for the 
purpose of adding to the register the names of any legal 
voters entitled to vote at such election, and erasing there¬ 
from the name of any person not so entitled to vote; and 
such county board shall proceed in all respects as is pro¬ 
vided for the revision by them of the register for the 
general election. 

31. Whenever the boundaries of any election district 
in any township, city or other municipality within this 
state shall have been changed, or any new district created 
between the time of holding the general election and 
the time of holding the next charter, local or special elec¬ 
tion, or where the boundaries of any election district shall 
not be the same as at the general election, it shall be the 
duty of the county board of elections, on being notified 
thereof, to appoint a board of registry and election for 
such election district, in the manner hereinbefore pro¬ 
vided for the appointment of district boards of registry 
and election; and such district board shall thereupon 
proceed to make and revise a register of all the names of 
the legal voters in such election district; such register 
shall be made and revised so far as is practicable at the 
times and in the manner hereinbefore provided for the 
making and revising of the register for the general elec- 




electio:ns. 


21 


tion; in all newly-created mnnicipalities, the registry 
for the first election shall be made as herein directed, un¬ 
less otherwise provided by any general law relating to 
such newly-created mTinicipalities. 


Proceedings Applicable to all Registrations. 

32. The proceedings of every board of registry shall 
be open to the public, and all persons entitled to the right 
of snfi’rage in the election district shall be entitled to be 
freely heard in relation to the revision and correction of 
the registers; whenever a voter shall be registered by 
affidavit a separate affidavit shall be required for each 
person so registered, which shall contain the address of 
the affiant and be signed by him; such affidavits shall 
be preserved in the custody of the member of the board 
of registry and election acting as judge until the com¬ 
pletion of the registry; all such affidavits shall then be 
delivered by such judge to the county board of elections, 
who shall give a receipt for the same, stating the number 
received; and the said county board of elections shall 
preserve such affidavits for six months after election, or 
until required to produce the same by any court or tri¬ 
bunal authorized to require their production as evidence 
in such court or tribunal. 

33. Xo person, except as hereinafter provided, shall be 
allowed to vote unless his name shall be found on the 
register; and if any member or members of the board 
of registry and election shall Avillfully refuse to enter 
in the canvassing-books or upon the registers the name 
of any person legally entitled to vote, or shall register 
the name of any person contrary to the provisions of 
this act, or on the day of election shall receive the vote 
of any person whose name shall not appear on the revised 
and corrected register, unless such name shall have been 
ordered added thereto in the manner herein provided, 
such member or members shall be punished, on convic- 


Proceedings 
of district 
boards to be 
public. 


Registration 
by affidavit. 


Disposition 
of affidavits. 


Who may 
vote. 


Penalty for 
illegal 

registration, 
&c., by 
board. 



22 


ELECTIONS. 


False 

registration. 


Penalty. 


Registration 
by affidavit. 


Penalty. 


Disposition 
of affidavits. 


Procedure 
where voter 
has removed 
to another 
district. 


tion, by a fine not exceeding one tlionsand dollars, or by 
imprisonment not exceeding tAvo years, or both, in the 
discretion of tlie court. 

34. Any person Avho shall canse or procure his name 
to be registered in more tlian one election district, or 
shall canse or procure his name or that of any other per¬ 
son to be registered, knoAtfing that he or the person A\diose 
name he has procured to be registered, is not entitled to 
ATjte in the election district AAdierein said registry is made, 
at the next election to be held therein, or AAdio shall falsely 
personate any registered A^oter, slmll be punished for each 
offence by a fine not exceeding one tlionsand dollars, or 
imprisonment for a term not exceeding fiA^e years, or both, 
at the discretion of the court.(a) 

35. EA^ery board of registry and election shall place 
upon said registers the name of any j^erson AAdio shall 
appear before them and satisfy them by an afiidaAdt in 
Avriting that such person Avill, on the day of the next en¬ 
suing election, be entitled, under the constitution and 
hiAA^s of this state, to exercise the right of suffrage in that 
election district; and any person SAA^earing falsely in any 
such afiidaAut shall be guilty of perjury, and incur the 
penalty thereof; eA^ry such affidaAdt shall AAdthin tAvo 
days be forAvarded to the county board of elections, to be 
by them kept as proAuded in the thirty-second section of 
this act. 

36. If any person shall, after being registered in one 
election district, niOA^'e into another election district in 
the same county, he may apply to the board of registry 
and election, on election day, to Iuia'c his name erased 
from the register and a certificate giA'en him to that effect, 
AAdiich certificate shall be signed by said board, or a ma¬ 
jority thereof, and on presentation of such certificate to 


(a) A conviction cannot be sustained by this section solely upon the 
fact that defendant procured the name of an unqualified voter to be 
registered, but it must further appear that he knew when he caused 
such registration to be made that the person so registered was not 
entitled to vote at the next election. The significant word of the sec¬ 
tion is ‘‘knowing.’’ Xtwtc v. McBurron, 87 Vr. 080. 




ELECTIOXS. 


23 


tlie board of electioii of the district where he then resides, 
liis naiiie and residence (inclnding street and nninber, if 
anv) shall he placed on the register of such district where 
he shall then be allowed to vote; provided, that said lat¬ 
ter board may require him to make a statement, nnder 
oath, to satisfy themselves of his right to vote; the pre^- 
sentation of sncli certificate shall be noted on the register 
and the certificate preiserved, and at the close of the elec¬ 
tion attached to the register and filed the.rewith with the 
comity clerk. 

37. Whenever the time fixed by law for holding any 
nmnicipal, local or charter election falls npon the day 
fixed by law for the meieting of the boards of registry 
tc! prepare a register for the ensuing general election, sncli 
meeting of the boards of registry shall be held upon the 
day following sncli mimicipal, local or charter election. 


Procedure 

where 

election 

fulls on 

registration 

day. 


Nomination by Convention. 

38. Any convention of delegates or nominating body 
of a political party as hereinafter defined, and also indi¬ 
vidual voters by petition, to .the niimber and in the man¬ 
ner hereinafter specified, may nominate candidates for 
public office, whose names shall be printed,, written or 
placed upon the ballots as hereinafter provided and di¬ 
rected ; a ^^convention of delegates” or ^hiominating body 
of a political party,” within the meaning of this act, is 
an organized assemlilage of delegates or voters, reipresent- 
ing a political party which, at the general election next 
preceding the holding of such convention or noaninating 
body, polled for members of the general assembly at least 
two per centnin of the tot,al vote cast in the state, county 
or other division or district in and for which the nomina¬ 
tion is made.. 

39. All nominations made hy any such convention of 
delegates or nominating body shall he certified in a writ¬ 
ten or printed, or partly written and partly printed, cer- 


Nomination 
of candidates 
by conven¬ 
tions, &c. 


“Convention 
of delegates” 
and “nomi¬ 
nating body 
of a political 
party” 
defined. 


X’ominatlons 
to be certified 
and verified 
by oath. 



24 


ELECTIONS. 


tificate of nomination, wliich shall contain the name of 
each peTSon nominated, his residence and post-office ad¬ 
dress, the office for which' he is named, and shall designate 
in not more than three words the title or name of the 
party or princi])les which snch convention or nominating 
hody represented ; said certificate shall he signed hy the 
presiding officer and secretary of soich convention or nomi¬ 
nating body, who shall add to their signatures their 
respective ])laces of residence and post-office addresses,, 
and severally make oath before an officer qualified to ad¬ 
minister the same, that the affiants were res]>ectiveily such 
officers of snch convention or nominating body, and that 
said certificate and the statements therein contained are 
true as they verily believe; and a certificate that such 
oath has been taken shall be made and signed by the 
officer administering the same and endorsed upon or at¬ 
tached to such certificate of nomination. (a) 

Names of 40, Jji ^^se of a division in anv partv and claim bv 

factions, how , i v 

selected when qy more factions to the same ]>artv name or title, the 

divided. secretary of state or the county or municipal clerk, as the 
case may be, shall give the preference of name or title to 
the convention of delegates or nominating body held at 
the time and place designated in the call of the regularly- 
constituted party authorities; and if the other faction, 
shall present no other party name or title, the secretary 
of state or county or municipal clerk, as the case may 
require, shall select a name or title and place the same 
at tlie head of the list of candidates of said faction on the 
ballot; if two or more conventions be^ called by author¬ 
ities or bodies claiming to be the regularly-constituted 
authority or body of any P'arty, the secretary of state or 
county or municipal clerk, as the case may require, shall 
select suitable names or titles to distinguish the several 
factions, and the ballots shall be printed accordingly. 

{a) As to amending a defective certificate of nomination, see section 
235 post. 



ELECTI().\S. 


25 


Nominations by Petition. 


41. Besides the nomiucition of candidates by a con¬ 
vention of delegates or nominating body of a political 
party, as hereinbefore provided, candidates for public 
office may also be nominated by ^^petition’’ in manner 
following: Such petition shall be addressed to the secre¬ 
tary of state or clerk of said county, city or other 
municipality, as may be proper, and shall set forth the 
name or names and places of residence and 2 ^ost-office 
addresses of the candidates for the offices to be tilled, 
the office for Avhich each candidate is named, and that 
such petitioners are legally qnalitied to vote for such 
candidates; said j^etition may also designate, in not more 
than three words, the title of the party or principle 
which the candidates therein named represent, and shall 
])e signed by legally qnalitied voters of this state,, residing 
within the district or political division in and for which 
the officer or officers nominated are to be elected, equal 
in number to at least two per centum of the entire ^^ote 
cast for members of the general assembly, at the last 
preceding general election in the state, county, district 
or other political division in and for which the nomina¬ 
tions are made; provided, that when the nomination is 
for an office to be filled by the voters of the entire state, 
eight hundred signatures in the aggregate for each can¬ 
didate nominated in said petition shall be sufficient; 
provided, also, that not more than one hnmlred signatures 
shall be required to any petition for any officers to be 
elected, save only such as are to be voted for by the voters 
of the state at large; in case of a first election to be held 
in a newly-established election district, county, city or 
other political division, the number of fifty signatures to a 
petition shall be sufficient to nominate a candidate to be 
voted for only in such election district, county, city or 
other political division; every voter signing a petition 
shall add to his signature liis place of residence, post- 


Nomination 
of candidates 
by petition. 


Contents of 
petition. 


Number of 

signers 

required. 


Residence 
and address 
to be added. 



26 


Petition to 
be verified 
by oath. 


Time for 
filing 

certificates 
and petitions. 


Acceptance 

by 

candidates. 


ELECTIONS. 


office address and street number, if any; sucli voter may 
sign one petition for each officer and no more, but all the 
names need not be signed to one petition; before any 
petition shall be filed as hereinafter provided, at least five 
of the A'Oters signing the same shall make oath before a 
duly qualified officer that the said petition is made in good 
faith, that the affiants verily believe all the signatures 
thereto to be genuine and those of duly-qualified voters; 
and a certificate that such oath has been taken shall be 
indorsed upon or annexed to the petition by the officer 
before whom the same is made.(«) 


Certificate of Nomination and Petition. 

42. All certificates of nomination and all petitions 
naming candidates for office to be filled by voters of the 
entire state, or of any congressional district, or of any 
political division greater than a single county, shall be 
filed with the secretary of state at least twenty-five days 
previous to the election at which the candidates nomi¬ 
nated are to be voted for; all certificates and petitions 
naming candidates to be voted for by all the voters of a 
single county or more than a single political division 
thereof, or where candidates for city offices are to be 
voted for upon the county ticket, shall be filed with the 
clerks of the respective counties wherein the officers nomi¬ 
nated are to be voted for at least fifteen days prior to 
such election; all other certificates and petitions shall 
be filed with the clerks of the respective municipalities 
Avherein the candidates nominated are to be chosen at 
least thirteen days before the election whereat they are 
to be voted for; all certificates and petitions when filed 
shall be opened, under proper regulation, for public in¬ 
spection, and the same shall be presented for one year; 
candidates nominated for any office in any certificate or 
petition shall manifest their acceptance of such nomina- 

(a) As to amending a defective petition, see section 235 post. 



ELECTIO^s^S. 


27 


tion by a written acceptance thereof, signed by their own 
hand, npon or annexed to and filed with such ceirtificate 
or petition, or if the same person be named for the same 
office in more than one petition annexed to one of such 
petitions ; the name of any candidate who shall fail in 
snch manner to signify his acceptance of the nomination 
shall not be printed npon the ballots; it shall be the duty 
of thei connty clerks to certify tO' the secretary of state, 
within five days prior to^ the general election, the names, 
places of residence and post-office addresses of the sev¬ 
eral candidates nominated for senator and members of 
the general assemibly, together with the title of the p^arty 
nominating said canclidates, and whether by convention 
or petition, with the dateS' of holding snch convention 
and of the filing of snch certificates of noininations and 
petitions. 

43. It shall be the duty of the secretary of state at 
least fifteen days before any election whereat any candi¬ 
dates nominated in any certificate or petition filed with 
him is to^ be voted for to make and certify, under his 
hand and seal of office, and forward to the clerks of the 
several connties of the state a statement of all the candi¬ 
dates nominated by certificate or petitions filed in his 
office for whom voters within any snch connty may be 
by law entitled to vote at snch election; snch statement, 
in addition to the names of the candidates for president 
and vice president of the United States^, if any such have 
been included in any snch certificate or petition filed with 
him, shall alsO' contain the names and residences of all 
other candidates, the' offices for which they are: respectively 
nominated, and the names of the parties by which or the 
political appellation under which they are respectively 
nominated; candidates nominated by petition, without 
distinctive political appellation, shall be certified as in¬ 
dependent candidates. ‘ 

44. Whenever any person nominated for public office 
by any of the modes in this act provided shall, at least 
thirteen days before the day of election, in a writing 
signed by him and duly acknowledged, notify the officer 


Addresses 
furnished 
secretary 
of state. 


Names of 
candidates 
certified by 
secretary of 
state to 
county clerks. 
[Amended 
P. L. 1903, 
p. 698.] 


Independent 

candidates. 


I*rocedure in 
case nominee 
declines. 
[Amended 
P. L. 1903, 
p. 699.] 




28 


ELECTIOiVS. 


Provision 
for filling 
vacancy, 
when 

nominee dies, 
declines, &c. 
[Amended 
P. L. 1903, 
p. 090.1 


with whoin the original certificate of his nomination was 
filed that he declines snch nomination, the same shall be 
void, and his name shall not be printed upon the ballots; 
tlie officer to whom snch notification is given shall forth¬ 
with inform, by mail or otherwise, the chairman and seo 
retary whose names are attached to the original certificate 
of nomination, if the nomination was by .certificate, that 
such nomination has been declined; or if the nomination 
was by petition, then the officer to whom the notification 
or decliniation is given shall forthwith, by mail or other¬ 
wise, inform at least five of the persons who signed the 
petition nominating such candidate that such nomination 
lias lieeai declined. 

45. Should any person so nominated die before elec^ 
tion day or decline the nomination as in this act pro¬ 
vided, or shall any certificate or peitition of nomination 
he insufficient or inoperative, the vacancy or vacancies 
thus occasioned may be filled in the manner required for 
original .nominations; if the origiiral nomination was 
made by a party convention which had delegated to a 
committee the powei' to fill vacancies, such committee 
may, upon the occurring of such vacancies, proceed to 
fill the same; the chairman and secretaiy of such com¬ 
mittee shall thereupon make and file with the proper 
officer a certificate setting forth the cause of the vacancy, 
the name of the person nominated, the office for which 
he was nominated, the name of the person for whom the 
p.ew nominee is to be substituted, the fact that the com¬ 
mittee was authorized to fill vacancies, and such further 
information as is required tO' be given in any original 
certificate of nomination; the certificate so made shall 
he executed and sworn to by the chairman and seci’etary 
of such committee in the manner prescribed for the orig¬ 
in al certificate of nomination, and shall, upon being filed 
at least thirteen days before election, have the same force 
and effect as an original certificate of 'nomination; when 
snch certificate shall be fill'd Avith the secretary of state, 
he shall, in certifying the nominations to the various 
county clerks, insert the name of the person Avho has thus 



ELECTIONS. 


29 


been iioniinated to fill a vacancy, and in the event that 
he has already sent forward his certiticate, he shall forth¬ 
with certify to the clerks of the proper comities the name 
and description of the person so nominated to fill a 
vacancy, the office he is nominated for, the party or politi¬ 
cal principle he represents, and the name of the person 
for whom such nominee is substituted. 

40. All certificates of nomination which are in appar¬ 
ent conformity with the provisions of this act shall be 
deemed to be valid, unless objection thereto shall be duly 
made in writing and filed with the officer with whom the 
original certificate was filed within two days after the 
filing of said certificates;(a) in case such objection is 
made, notice thereof signed by said clerk shall forthwith 
be mailed to all candidates who may be affected thereby, 
addressed to them at their respective places of residence 
as given in said certificate of nomination; the said officer 
with whom the original certificate was filed shall in the 
first instance pass up6n the validity of snch objection, 
nnless an order shall be made in the matter by a court 
of competent jurisdiction, and file his determination in 
writing in his office at least thirteen days before the 
election, which determination shall be open for public 
inspection, and the justice of the supreme court holding 
the circuit court in and for the county in which any cer¬ 
tificate of nomination shall be filed, on the application or 
complaint, duly verified, of any candidate setting forth 
any invasion or threatened invasion of his rights under 
the certificate of nomination filed with any county or 
municipal clerk, is hereby empowered and required to 
determine upon said application or complaint in a sum¬ 
mary way and make such order thereupon as will protect 
and enforce the rights of such candidates. (&) 


(«) Where a certificate of nomination is in apparent conformity with 
• the provisions of this act, and no objection in writing is filed, the 
oflicer with whom the certificate is filed must treat it as valid. Hoos 
V. O’Donnell, 31 Vr. 35. 

(h) Query .—Is not this section so imperfect with respect to the 
power conferred upon the justice of the supreme court as to render its 
provisions entirely nugatory? In re Frederick Kraft, 22 Neio Jersey 
Laio Journal 373. 


Objections to 
certificates of 
nomination, 
where filed. 
[Amended 
P. L. 1003, 
p. 700.] 


Notice. 


Procedure. 



30 


ELECTIONS. 


Names of 
candidates 
for president 
and vice 
president 
may be 
printed on 
ballots. 


47. When electors for president and vice president of 
the United States are to be voted for, the names of the 
candidates for president and vice president, for whom 
the electors named in any certificate or petition are nomi¬ 
nated to vote, may be inclnded in such certificate or 
])etition; and when so inclnded the names of such presi¬ 
dential and vice presidential candidates, together with 
the party names and political appellations, names of other 
candidates for any offices, if any, designated in the cer- 
rificate or petition, shall be printed upon the ballot in 
the manner hereinafter directed. 


Official Ballots and Envelopes. 


Ballots 
furnished at 
public 
expense. 


Separate 
party ballots 
to be 
provided. 


By county 
clerk, when. 


By municipal 
clerk, when. 


Form and 
description 
of ballots. 


48. All ballots cast at any election shall (except as 
herein otheinvise provided) be printed and distributed 
at public expense, and no ballots shall be cast or counted 
at any such election except such hs are by this act pro¬ 
vided for. 

49. Except as in this act otherwise provided, separate 
printed ballots of the kind and description hereinafter 
directed shall be provided for each party or group of 
])etitioners having candidates to be voted for at any 
election; the county clerk of each county shall provide 
said ballots in all cases where the names of any candidates 
to be voted for at any election to be held within his county 
are certified to him by the secretary of state or in¬ 
cluded in any certificate or petition of nomination 
originally filed Avith him as such county clerk; in cases 
of election Avithin and for a single nmnici])ality of any 
county Avhere the certificate or petition of nomination 
is pursuant to this act to be filed Avith the clerk of such 
municipality, such municipal clerk shall proAude said 
ballots; said county and municipal clerks in providing 
said ballots shall cause the same to be printed in manner 
and form folloAving: the nominations of each party or 
group of petitioners shall be printed on separate tickets 




ELECTIOXS. 


31 


niideTnoath the title or name of the party or petitioners 
making such nominations, as designated by them in their 
certificate or petition, so that all the candidates of each 
party or group of petitioners shall be and appear on its 
own separate ticket or ballot, or if there be no designation 
of name or title then under the title of ^independent 
nominationssneh clerk shall not be required to print 
any name nj^oii any ballot when such name was not in¬ 
cluded in any certificate or petition filed with him at 
least eight days before the election; all ballots prepared 
by any county or municipal clerk shall be printed with 
black ink on plain white paper, and shall be of uniform 
size, quality and type, and of such thickness that the 
])rinting thereon cannot be distinguished from the back 
of the ballot, and without any mark, word, device or figure 
thereon except as in this act provided ; there shall be 
printed on each ticket the name of but one candidate for 
each office to be filled, designating such office, and no 
ballot shall contain a greater number of names of per¬ 
sons, as designated to any office, than there are persons 
to be chosen to fill such office. 

50. On the back of each of the said ballots to be pro¬ 
vided by the county or municipal clerks shall be printed 

the wordls ‘Official ballot for-after the word ^^for'^ 

in each case shall follow the desigiiation of the county, 
township, municipality, ward or other political division 
for which the ballot is prepared; then shall follow the 
date of the election and a f ac-siniile of the signature of the 
county or municipal clerk by whoni such ballot shall be 
prepared; the county or municipal clerk shall provide 
for each political party for each election district in his 
county or municipality, two hundred and fifty ballots for 
eveiy one hundred, or fraction of one hundred,, of the total 
votes cast therein at the last preceding election for mem¬ 
bers of the general assembly; in cases of independent 
nominations, or of nominations by any party, organiza¬ 
tion or petitioners that cast no votes for any candidate or 
candidates at the last preceding election for members of 


What printed 
on back of 
ballots. 


Number of 
ballots for 
each election 
district. 





32 


ELECT10^\S. 


Envelopes to 
be provided. 


Form and 
description 
of envelopes. 


What printed 
thereon. 


Number 
and use of 
envelopes in 
each election 
district. 


tlie general assembly, the number of* ballots to be provided 
at public eixpense shall be equal in number to double the 
total number of votes cast in the election district or pre^ 
cinct at the last preceding election for members of the 
general asisemblj; when an election district shall be 
divided or the boundaries changed or a new district 
created, the county or municipal clerk shall ascertain as 
nearly as possible tlie number of voters in the nefw dis¬ 
trict and shall provide therefor a sufficient number of 
ballots in the above proportion. 

51. The said county and municipal clerks, in all cases 
in which they are required to provide the official ballots, 
shall also provide official envelopes of the size, kind and 
description' hereinafter prescribed, wherein the ballots 
to be voted at such election shall be enclosed and ^'oted 
as hereinafter directed; all such envelopes shall be of 
the same quality and kind of plain blue paper, so as to 
be readily distingnishable from official ballots, and shall 
be three inches in length by two and oneHeighth inches 
in width, with the flap thereon ungummed; on the face 
of each of said envelopes shall be printed the A^'ords, 

‘^official envelope for -after the Avord ^Tor’’ in 

each case shall folloAV the designation of the county, toAvn- 
ship, municipality,. Avard or other political division for 
Avhich the envelope is prej^ared; then shall folloAV the 
date of the election and a fac-simile of the signature of 
the county or municipal clerk by Avhom such eiiAnlope 
shall be provided; there shall be no mark, Avord, flgure 
or deAuce of any kind placed on said envelopes, except as 
herein directed ; all printing on said envelopes shall be 
Avith black ink, in type of the same style and description, 
so that one envelope cannot be distinguished from an¬ 
other; there shall be provided for each election district 
so many official envelopes as Avill be equal to double the 
number of all the votes cast in such election district at 
the last preceding general election therein; the distribu¬ 
tion and use of such envelopes shall be conflned exclu¬ 
sively to the polling-room, in the manner hereinafter 




ELECTIO]S^S. 


33 


directed; should any voter to whom any official envelope 
has been furnished/as hereinafter provided, spoil or ren¬ 
der the same unfit for use, he may obtain another from 
the board of election on returning the one so spoiled or 
unfitted for use; but no more than two official envelopes, 
one at a time, as herein provided, shall be furnished any 
voter; when an election district shall be divided, or the 
boundaries changed, or a new district created, the county 
or municipal clerk shall ascertain, as nearly as possible, 
the number of voters in such district or districts, and 
provide therefor official envelopes on the basis above 
described. 

52. Whenever a question or proposition is to be sub¬ 
mitted to the people of the state or any political divi¬ 
sion thereof at any election, such proposition or other 
question shall be printed upon the ballot beneath the list 
of candidates thereon with the word ^^for’’ and the word 
'ffigainst’^ printed above and immediately preceding such 
proposition; if the word ^^foE’ be marked off or defaced 
upon the ballot it shall be counted as a vote against the 
same; if the word ‘ffigainst’’ be marked off or defaced 
upon the ballot it shall be counted as a vot^ in favor 
thereof, and in case neither the word ^ffor” nor the word 
^ffigainst” be marked off or defaced upon the ballot it 
shall not be counted as a vote either for or against such 
proposition. 

53. All official ballots shall be printed and in posses¬ 
sion of the county or municipal clerk at least five days 
before the election and subject to inspection and exami¬ 
nation by the candidates and their agents; if any mis¬ 
take is discovered it shall be the duty of the county or 
municipal clerk to correct the same without delay, by 
causing new ballots to be immediately printed in place 
of those found to be inaccurate or incomplete; and those 
found to be inaccurate or incomplete shall be immediately 
destroyed; whenever it shall appear that any error or 
omission has occurred in the printing of the ballots by 
any county or municipal clerk, any voter resident in the 

3 


Questions or 
pi’opositions 
printed on 
ballots. 
[Amended, 
P. L. 1900, 
p. 303.] 


How 

canvassed. 


When ballots 
to be 
ready for 
inspection. 


Error in 
printing, how 
corrected. 



34 


ELECTIONS. 


Distribution 
of ballots and 
envelopes, 
how made 
and receipted 
for. 


county or municipality may present to a justice of the 
supreme court a verified petition setting forth such error 
or omission; and said justice heing satisfied thereof, shall 
thereupon summarily, by his order, require the county or 
municipal clerk to correct such error or show cause before 
said justice, at the shortest possible day, why such error 
should not be corrected. 

54. The county clerks of the several counties, three 
days prior to any election for which they are required 
by this act to provide the ballots, shall cause to be deliv¬ 
ered to the clerk of each township, city or other munici¬ 
pality within their respective counties, the number of 
ballots and envelopes hereinbefore required to be provided 
for each election district within his township, city or 
municipality at such election; the same shall be sent in 
sealed packages, one for each election district of said 
township, city or other municipality, with marks or direc¬ 
tions on the outside of each clearly stating the election 
district for which it is intended, together with the number 
of ballots and envelopes inclosed; receipts for ballots 
and envelopes thus delivered shall be given by the clerk 
receiving the same and filed with the county clerk, who 
shall also keep a record of the time when and the manner 
in which each of said packages was sent; the said town¬ 
ship or other clerk shall, on the day preceding any such 
election (but on the Saturday preceding when such elec¬ 
tion occurs on a Monday), deliver to one of the clerks of 
each election district within his township, city or other 
municipality, the ballots and envelopes by him received 
from the county clerk for such election district, and take 
the receipt of such election clerk therefor, which last- 
mentioned receipt the clerk of such township, city or 
other municipality shall file and preserve; said election 
clerk shall, on the morning of election and before procla¬ 
mation of the opening of the polls, deliver the packages 
of ballots and envelopes by him received to the election 
board of his election district, with the seals thereof un¬ 
broken, and shall take a receipt thcu-efor from said elec- 




ELECTIONS. 


35 


tioii board, wliicli receipt said election clerk shall care¬ 
fully preserve for at least one year; in cases of elections 
Avithin and for a single municipality of any county, where 
under this act the ballots and envelopes are required to 
be provided by the clerk of such municipality, the duties 
by this section imposed upon the county clerk with refer¬ 
ence to the delivery of the ballots and envelopes shall, the 
necessary changes being made, devolve upon and be per¬ 
formed by the clerk of such municipality. 

55. If at any election the ballots to be furnished there¬ 
for shall not be delivered at the time above mentioned, 
or if after delivery they shall be destroyed or stolen and 
other official ballots cannot be obtained in time for such 
election, the clerk of such township, city or other munici¬ 
pality, or the board of election, as the case may require, 
shall cause other ballots to be prepared as nearly in the 
form heretofore prescribed as practicable, but without 
the indorsement on the back thereof; and upon the re¬ 
ceipt of ballots thus prepared from the clerk of such 
township, city or other municipality, accompanied by a 
statement, under oath, of the person preparing the same, 
that the same have been so prepared and furnished be¬ 
cause the original ballots have so failed to be received or 
have been destroyed or stolen, and that other official 
ballots could not be obtained in time for such election, 
or where such board of election has caused such unofficial 
ballots to be prepared, the board of election shall cause 
the ballots so substituted to be used at the election; if 
from any cause neither the official ballots nor ballots 
otherwise prepared as herein prescribed shall be ready for 
distribution at any polling place, or if the supply of bal¬ 
lots shall be exhausted before the polls are closed, un¬ 
official ballots, made as nearly as possible in the form of 
the official ballot, may be used; where unofficial ballots 
are used in pursuance of this section they shall be in¬ 
closed in the official envelopes, if such envelopes are to 
be had, otherwise no envelopes shall be used; should the 
official envelopes provided for any election district be 


Proceeding in 
case oflacial 
ballots and 
envelopes 
are lost, 
destroyed or 
stolen. 



36 


ELECTIONS. 


Ballots 
furnished to 
voters before 
election. 


Cost of 
printing paid 
by applicant. 


Distribution 
of purchased 
ballots. 


lost, stolen or destroyed, tlie official d:)allots, if such are 
being used at such election, shall be voted by folding the 
same so as to disclose the official stamp on the back 
thereof without inclosing the ballot in any envelope ; 
where the use of the official ballots and envelopes, or 
either of them, is, for any of the reasons aforesaid, dis¬ 
pensed with, the mode and manner of voting shall, never¬ 
theless, in all respects conform as nearly as possible to the 
mode and manner of voting hereinafter prescribed. 

56. If any duly-qualified voter residing in any county 
or municipality shall, at least seven days before any 
election, notify the clerk of such county or municipality 
in writing that such voter requires a specified number 
of the official ballots, not less than fifty in number, of 
any party organization or petitioners for an election dis¬ 
trict or districts to be designated, and requesting the same 
to be furnished him, it shall be the duty of such county 
or municipal clerk to cause such official ballots, to the 
number and for the election districts requested by such 
voter, to be printed and ready for delivery to such voter 
or his agent, at the office of such county or municipal 
clerk, at least four days before the election at which said 
ballots are intended to be used; provided, that said county 
or municipal clerk shall not cause any ballots to be 
printed for any voter requesting the same to be fur¬ 
nished, unless at the time of delivery to him of the writ¬ 
ten notification* and request for such ballots the voter 
presenting the same shall pay to such county or municipal 
clerk a sum of money sufficient to pay for the printing 
of the same, which money paid shall be used by said 
county or municipal clerk in payment for the ballots 
printed at the request of such voter. 

57. Such ballots so as aforesaid printed for and de¬ 
livered to any such voter may be distributed before elec¬ 
tion day, and the same may be voted by any voter desiring 
so to do under the restrictions and regulations hereinafter 
prescribed. 



3 


ELECn^IOXS. 


58. If any ballot voted at any election shall have 
thereon, either on its face or hack, any mark, sign, desig¬ 
nation or device v’liatsoever, other than is pemiitted by 
this act, whereby sncli ballot can or may be identified or 
distingnished from other ballots cast at snch election, 
such ballot shall be absolutely void, and shall not be can¬ 
vassed or counted for any candidate named thereon; and 
if on tlie face or back o-f any envelope inclosing any ballot, 
there shall be any mark, sign, designation or device what¬ 
soever other than is pennitted by this act, whereby such 
envelope can or may be identified or distinguished from 
any other official envelope used at such election, the bal¬ 
lot inclosed in such envelope shall be absolutely void, and 
shall not be counted for any candidate named thereon.(a) 

(a) The provision that if a ballot have on it a distinguishing mark 
it shall be void, is not unconstitutional ; the objection that the voter 
may thereby lose his vote by the fraud or neglect of those preparing 
the ballot is not sound. Hansom v. Black, 25 Vr. 446. Fifty ballots 
cast in the Third district of the Thirteenth ward of Newark had on 
the back the designation “Eighth district, Thirteenth ward.” Held, that 
these ballots contained a designation by which they could and might 
be distinguished from other ballots cast at the election, and that they 
were properly rejected, Ulrich v. Freicnschncr, 15 New Jersey Laic 
Journal 74. The provision of the above section that a ballot which 
has upon it any distinguishing mark shall be void, overcomes and 
supersedes the common law rule with regard to ascertaining the inten¬ 
tion of the voter by means,of extraneous evidence in canvassing and 
counting the votes. Kearns v. Edwards, 17 Kew Jersey Laic Journal 
51. Ballots cast in one voting precinct having an official endorsement, 
indicating that they were prepared for another precinct, should be re¬ 
jected as marked ballots. Lippincott v. Felton, 32 Vr. 291. Where 
a person had written on certain ballots his own name in a blank space 
under the printed words “Chosen Freeholder,” it was held that the 
question as to whether such ballots were invalid as marked ballots 
was one of fact for the circuit court in proceedings under section 162, 
&c. Hack eft v. Mayhew, 33 Vr. 481. The language of the 58th section, 
and that of the 85th section, show a ciear legislative purpose to pre¬ 
vent a voter, or one acting for him, from placing upon a ballot any 
mark, sign, designation or device by which such ballot can be distin¬ 
guished from any other ballot. But where a large class of ballots used 
have the same accidental or intentional mark or designation upon them, 
but for which mark or designation the voter is in no way responsible, 
such a ballot is not within the interdiction of the statute which makes 
a marked bailot void. It will not be presumed to be the legislative 
intent that the vote of the citizen shall be defeated by an act for which 
he was neither directly nor indirectly responsible. In re Election of 
Long Branch Commission, N. J. Law Journal, April, 1902, p. 115. Offi¬ 
cial ballots furnished to the electors by a municipal clerk under his 
construction of a statute of uncertain meaning, and endorsed with a 
facsimile of his signature, are not upon that account marked ballots. 
Bliss V. Wooley, 52 Atl. Rep. 835. 


Distinguish¬ 
ing mark on 
ballot or 
envelope 
renders it 
void. 




38 


ELECTIONS. 


How voter 
may alter 
ballot. 


59. No'tJliiig in this act contained shall prevent any 
voter from ©rasing from his ballot any name or names 
thereon printed, or from writing or pasting thereon the 
name or naineis of any person or persons for whom he 
desires to vote for any office or offices ; the ink or lead 
pencil to be used in writing any name or names upon 
the ballots shall be black in color, and the nse of any 
other colored ink or pencil shall invalidate the entire 
ballot; and all pasters used shall be printed with black 
ink on white paper only, and the use of any other kind 
or style of pasters shall invalidate the entire ballot. 


Ballot-Boxes. 


Ballot-boxes, 
by whom 
provided, and 
description 
thereof. 
[Amended 
P. L. 1903, 
p, 627.] 


Additional 
boxes for 
primary 
elections. 


60. The board of chosen freeholders of each county 
shall provide and keep in good repair ballotrboxes for 
the nse of each election district, which boxes shall be 
made at least on© foot in depth, width and length, meas- 
nring the same on the exterior thereof; and when new 
boxes are required may providei a ballot-box known as 
the ^^safety ballotrbox,^’ of Camden, New Jersey; no 
sum in excess of twenty-five dollars shall be paid for each 
ballotrbox; said ballot-box shall be sO' constructed as to 
have four glass sides, supported by four upright columns, 
and no bolts, screws, or other attachments by which the 
box is held together shall be exposed on the outside; and 
the said ballokbox shall be secured by three patent locks, 
no two keys of which shall be alike; and these locks in 
turn shall be covered by an outer door, connected by a 
rod mnning to a dial in front of the box, which is sealed 
and in full view of the voter, so that each vote cast will 
be recorded in figures plainly visible in the front of the 
box; the said board of chosen freeholders shall also pro¬ 
vide a sufficient number of additional boxes for the use 
of each election district at the primary elections provided 
for in this act, which additional boxes shall be at least one 



ELECTIONS. 


39 


foot in deptli, width and length, measuring the same on 
the exterior thereof, with four glass sides, and with an 
opening in the top for the reception of the ballots. 


Election Blanks and Books. 

61. The secretary of state shall, at the expense of the 
state, in all cases where the ballots are provided and 
furnished by the county clerks for any election, provide 
proper and sufficient canvassing-books, poll-books, reg¬ 
ister-books, copies of the election laws then in force, 
pamphlet of instructions for election officers and voters, 
blanks for the official oaths and for election returns for 
the proper carrying into effect the provisions of this act, 
and furnish a sufficient supply of the same to the clerks 
of the different counties of the state, for use in such 
counties, at least thirty days before the same shall be 
required for use; and the said county clerks shall cause 
the same to be delivered to the different boards of registry 
and election in their respective counties at such times 
and in such quantity as will enable the provisions of this 
act to be fully carried out; provided, however, that the 
secretary of state shall forward to the county clerks of 
the several counties the necessary blanks for election re¬ 
turns for use at elections for justices of the peace, on or 
before the fifteenth day of February in each year, to be 
delivered by the said clerks to the several district boards 
of registry and election in their respective counties. 

62. The clerk of every township, city and other mu¬ 
nicipality shall provide and furnish for use at all local, 
municipal and special elections, all necessary canvassing- 
books, poll-books, registry-books, blanks for election re¬ 
turns, and all other blanks and supplies necessary for the 
proper carrying into effect the provisions of this act; and 
said clerk shall cause the same to be delivered to the 
boards of registry and election in each election district, 
at such times as will enable the provisions of this act to 
be fully carried out. 


Election 
blanks. &c.. 
furnished by 
secretary of 
state. 


Distributed 
by secretary 
of state. 


Distributed 
by county 
clerks. 


Election 
blanks. &c., 
furnished by 
municipai 
clerk for local 
elections. 




40 


ELECTIONS. 


Challengers. 


Agents or 
challengers 
at polls, 
by whom 
appointed. 


[Amended 
P. L. 1899, 

p. 166.] 


Tueir powers. 


How' 

appointed. 


Permits 

issued. 


63. The chairman of the county committee of any 
political party that has duly nominated any candidate 
for public office to be voted for at any election by all 
the voters within said county or any political division 
thereof greater than a single municipality, or where the 
election is within and for a single municipality only, or 
any subdivision thereof, then the chairman of the com¬ 
mittee of the political party making such nomination 
within and for such single municipality, or such division 
thereof, may appoint two agents for each election dis¬ 
trict in his county or municipality, as the case may be; 
and any candidate duly nominated by petition for any 
office, whose name may appear upon the ballot to be used 
in any election, may likewise appoint two agents for each 
district; pj^ovided, however, that only two agents shall 
be allowed for each election district to represent all the 
candidates nominated in and by the same petition or 
group of petitioners; such agents shall be the authorized 
agents and challengers for their respective parties and 
candidates, and shall be at liberty to challenge the right 
to vote therein of any person claiming such right; the 
appointment of agents shall be made in writing under 
the hand of the person making the appointment, and shall 
specify the names and residences of the agents and the 
election districts for which they are severally appointed; 
such appointment papers shall be tiled with the county 
board of elections, five days before the election, who shall 
[hereupon issue, under their hands, to the persons named 
in such appointment papers, permits for them to act as 
agents of their respective parties or candidates at the 
election district specified; such permits shall be filed 
by the persons named therein with the board of election 
in the district named therein, as evidence of their au¬ 
thority to be present in the polling place; and such per¬ 
mits may be issued and revoked and others issued in their 




ELEC^TIOXS. 


41 


stead at aiiy time up to and including the day of election; 
provided, liou'ever, tliat when a permit shall be revoked, 
the new pennit in the place thereof shall be issued upon 
the nomination of the same person or officer upon whose 
nomination the original pennit was issued; said agents 
may be present inside the railed inclosure while the votes 
cast at any election at which they were agents are being 
counted, and hear and see said ballots counted. 


Method of Conducting Elections. 

64. The boards of registry and elation shall, in their 
respective election districts, hold and conduct all general, 
municipal, local and special elections to be held through¬ 
out the state. 

65. At the opening of the election, each of the keys 
of the locks of the balloEbox shall be taken by a different 
meimtber of the board, who shall keep the same until the 
statement of the result of the election shall be made and 
certified, as directed by this act, and who shall not during 
that time suffer either of the other members of the board, 
or any other person, on any pretense, to take or have the 
same; and in all cases in which the members of such, 
board are directed to lock the ballot-box, each of the locks 
thereof shall be locked by the member of the board who 
shall have the key belonging thereto, as directed by 
this act. 

66. The boards of registry and election, before they 
receive any vote, shall make public proclamation of the 
opening of the election, and of their readiness to receive 
the votes of the voters; immediately before proceeding to 
receive the votes, such board shall, in an open and public 
manner, exhibit the ballot-box, so that those present may 
see that there is nothing contained therein, and there¬ 
upon shut and lock the same, leaving open the aperture 
in the lid thereof, and thereupon the election shall be 
opened. 


Agents 
present when 
votes are 
counted. 


District 
boards to 
conduct ali 
elections. 


Custody of 
ballot-box 
keys during 
election. 


Proclamation 
on opening 
polls. 


Exhibition of 
ballot-box. 




42 


ELECTIONS. 


Poll-book at 
election, by 
whom and 
how kept. 


Register, how 
kept. 


Register, 
poll-book and 
keys, where 
deposited. 


Who may 
vote. 


67. One of the menibeirs of the board acting as clerk 
of election, to be designated by the judge, shall keep 
at such election a poll-book, in which he shall record the 
names of the persons whose votes shall be received, in 
the order in which they shall be received, and shall as he 
records such names number the same from one onward, 
until the election shall be closed; and such clerk shall 
write a heading to the list of names sO' recorded in the 
following or like form: ^‘Names of voters at an election 

held in the-district of-, in the county of 

-on the —^- day of -—, in the year of 

our Lord one thousand- hundred and-, for 

-” (naming the offices to be filled), and filling up 

the blanks in the form above given to conform to the facts 
of the case. 

There shall be entered on the poll-book the place of 
residence of each person voting; and every person at 
the time of offering his vote shall truly state the street 
in which he resides, and if the house, lodging or tenement 
in wdiicli he resides is numbered, the number thereof; 
and in case of refusal to make the statement aforesaid, 
the vote of such person shall not be received; the other 
member of said board acting as clerk of election to> be 
designated by the judge shall keep the register on the 
day of election, checking off the names written thereon 
wdien the voters deposit their ballots, and after the can¬ 
vass of the votes the register sO' kept and checked shall 
be filed by him with the clerk of the county, and the poll- 
book shall be deposited in the ballot-box as herein re¬ 
quired, and the keys of each ballot-box deposited with 
the county clerk. 

68. Every person qualified to vote in any election shall 
at any time after the opening of the same, except during 
any period for wdiich the board of election shall have 
adjourned, be at liberty to claim his right to vote therein 
in such district, and such person shall claim such right 
in person before such board; and on such claim being 
made, one of such board shall audibly and publicly an- 











ELECTIONS. 


4B 


nounce the name of the claimant; and the ballot of such 
claimant shall remain in his own hand until such board 
shall have decided to receive the same. 

G9. Every person possessing the qualifications required 
by the constitution, and being duly registered as required 
by this act, shall be entitled to vote in the election district 
in which he actually resides, and not elsewhere.(a) 

70. No person who shall have a right to vote at any Freedom 

ini • 7 ..I from arrest. 

election shall be arrested by virtue of any civil process 
on the day on which such election shall be held. 

71. No person shall be entitled to vote who shall have ^ 

, ^ ^ ^ ^ disqualified 

been convicted of any crime which excludes him from the reason 

^ ^ of crime. 

right of suffrage under the constitution of this state, viz., 
blasphemy, treason, murder, piracy, arson, rape, sodomy, 
or the infamous crime against nature committed with 
mankind or with beast, polygamy, robbery, conspiracy, 
forgery, larceny of above the value of six dollars, perjury 
or subornation of perjury, unless he shall have been par¬ 
doned or restored by law to the right of suffrage; if a 
person be challenged as convicted of any of the above 
named crimes, he shall be required to answer in relation 
to such alleged conviction; and if he shall admit that he 
has been so convicted, he shall not be permitted to vote un¬ 
less he shall make oath that he has been pardoned or re¬ 
stored by law to the right of suffrage; but if he shall deny 
that he has been so convicted, no proof of such conviction 
shall be received, other than the duly authenticated record 
thereof, except such proof as may he necessary to estab¬ 
lish his identity with the person named in such record, 
or may be adduced by him to rebut the evidence of iden¬ 
tity produced on behalf of the challenge; but if any 
person so convicted shall vote at any such election, unless 
he shall liave been pardoned or restored by law to the 
right of suffrage, he shall be deemed guilty of a misde- 


(a) This section will not be held to disfranchise voters who vote at 
a polling place selected and advertised by the proper officers as the 
polling place of the district in which such voters reside, notwithstand¬ 
ing the place so selected, but at which the election is otherwise law¬ 
fully held, is outside the territorial limits of the election district for 
which it is provided, no fraud or other harm being shown. Otis v. 
Lane, 54 Atl Rep. 442. 



44 


ELECTIOJs^S. 


Penalty for 
convicted 
person voting. 


When 
members 
of district 
board shall 
challenge. 


Challenge as 
an alien. 


mean(5r, and on conviction thereof shall be punished bj a 
fine not exceeding two hundred dollars, or imprisonment 
at hard labor not exceeding two years, or both. 

72. The members of the boards of registry and elec- • 
tion, respectively^ shall, at such election, challenge every 
person who shall claim to have a right to vote therein, 
whom they shall know, suspect or believe not to be quali¬ 
fied or entitled to vote therein. 

73. If any person shall be challenged, as not qualified 
or entitled to vote, and the person challenging him shall 
specify a ground for such challenge to be that the person 
so challenged is an alien, the judge of election may forth¬ 
with tender to him an oath or affirmation, in the following 
foirni: 

^^You do swear (or affirm, as the case may be), that to 
the best of your knowledge, information and belief, you 
were born a citizen of the United States, and that you do 
not owe allegiance to any foreign prince, potentate, state 
or sovereignty;’’ and if the person so challenged shall 
refuse to take the oath or affirmation so tendered to him, 
he shall be deemed and taken to be an alien, unless he shall 
produce at the time of claiming his vote, to such board, 
a lawful certificate, issued out of and under the seal of 
some court of record, having authority to admit aliens to 
the rights of a citizen of the United States, showing, in 
case the person producing the same shall claim to be the 
person named therein, that he has been admitted to the 
rights of a citizen of the United States, or, in case the 
person producing the same shall claim to have derived 
the rights of such citizen through the naturalization of 
his parent, then that the person alleged to be such parent 
has been admitted to the rights of such citizen; and in 
the former case the said judge shall tender to the person 
so challenged an oath or affirmation in the following form: 

^^You do swear (or affirm, as the case may be), that 
you are the person named in the certificate of natural¬ 
ization which you have produced to the board;” and in 
the latter case, an oath or affirmation, in the following 
form: 



ELECTIONS. 


45 


“You do swear (or affirm, as the case may be), to the 
best of your knowledge, information and belief, that the 
person named in the certificate of naturalization which 
you have produced to this board was your parent, and 
that you were at the time of the naturalization of your 
parent under the age of twenty-one years, and resident 
in the United Statesand if the person so (diallenged 
shall, in either case, refuse to take the oath or affirmation 
so tendered to him, he shall be deemed and taken to be an 
alien. 


74. If any person shall be challenged, as not qualified 
or entitled to vote, the said judge may forthwith tender 
to the person so challenged an oath or affirmation, in the 
following form: 

“You do swear (or affirm, as the case may be), that 
you are a citizen of the United States; that you have 
tesided in this state one year, and in this county five 
montjis next before this election, and not elsewhere; 
that you are now a resident in this election district; that, 
as far as you know and verily believe, you are twenty-one 
years of age, and in all respects qualified to vote in this 
election, in this election district, and that you have not 
voted elsewhere in this election;” and if the person so 
challenged shall refuse to take the oath or affirmation so 
tendered to him, he shall be deemed not to be qualified or 
entitled to vote. 

75. The board of registry and election shall in no 
case receive the vote of any person, unless they shall be 
satisfied that such person is in all respects qualified and 
entitled to vote; and, for the purpose of satisfying them¬ 
selves as to the right of any person who shall claim a 
right to vote, they shall have power to examine such 
person, and any other person or persons, under oath or 
affirmation, touching such right, except as hereinbefore 
restricted ; and if any member of such board shall receive, 
or assent to receive, the vote of any person challenged, 
without requiring such person to take the oath or affirma¬ 
tion hereinbefore prescribed to be made upon such 
challenge, and such person shall not be qualified and en- 


Challenge as 
not qualified 
or entitled to 
vote. 


How board 
may satisfy 
themselves 
regarding 
one’s right 
to vote. 



46 


ELECTIO^s^S. 


Board to 
question 
challenged 
person. 


Proceedings 
on adjourn¬ 
ment before 
close of 
election. 


Polling- 
booths ; how 
constructed 
and 

furnished. 


titled to vote, such member so receiving or assenting to 
receive such vote shall be deemed and taken to have 
received the same knowing it to be illegal. 

76. Upon any question or challenge of a voter duly 
registered it shall be the duty of the board of registry 
and election, and the privilege of all its members, to put 
all such questions as are proper to determine the right 
of such voter to vote; and the question as to the admission 
of this vote shall be put in the following form: ‘^Shall 
this voter’s ballot be received by this board ?” 

77. Whenever, before the close of the election, an ad¬ 
journment shall be ordered by the said board, they shall 
state in the poll-book, immediately after the last name 
therein, in words, written at full length, the whole 
number of the names of the voters in the poll-book, to 
which the members of such board shall sign their names; 
and shall unlock and open the ballot-box, place and 
secure the bar or bolt in the lid thereof, in such manner 
as to prevent the insertion in the ballot-box of any ballot 
or other thing, place therein the poll-hook and shut and 
lock the same; and when the period of adjournment shall 
have expired, such hoard shall unlock and open the ballot- 
box, take therefrom the poll-book, remove such bar or bolt, 
so as to leave open the aperture in the lid thereof, and 
shut and lock the same; and during every such adjourn¬ 
ment the ballot-box shall remain in the possession and 
under the care of one or more members of such board, to 
be appointed by such board for that purpose, who shall 
keep the same, during such adjournment, in public view. 

78. The clerks of the several townships, cities or other 
municipalities, charged with the duty of providing in 
each election district a suitable room in which to hold the 
election shall have constructed therein and ready for use 
before each election day, booths or compartments with 
swinging doors, so arranged that some part of the person 
of the voters standing in said booths may he seen from 
the outside of the booths when the door is closed; in which 
booths voters shall prepare their ballots secretly and 



ELECTIONS. 


47 


screened from the observation of others 5 each booth shall 
contain a counter or shelf suitably placed to' enable voters 
to place their ballots thereon while preparing the same for 
voting; the nnmber of such booths shall not be less than 
one for every one hnndred votes cast at the next preced¬ 
ing general election held in such district and not less than 
two such booths shall be provided in any polling place; 
said booths shall be erected within a railed inclosnre 
separating the same from the remainder of the room; not 
more than one person, except as hereinafter provided, 
shall be permitted to enter or be in the same booth at 
one time; the said booths shall be so arranged and con¬ 
structed that all the officers conducting the election can see 
whether more than one person enters or is in any booth 
at the same time; each bootli shall be kept provided by 
said election board with a sufficient supply of official 
ballots of each party, organization or set of petitioners, 
and with lead pencils; the ballot-boxes at every polling 
place shall be within said railed inclosure, and so placed 
that the voter may deliver his ballot to the election officers 
after emerging from the booth, before leaving the railed 
inclosure within which the booths and ballot-boxes are 
placed; such railed inclosure shall be provided with a 
single entrance, by which voters shall enter, and a single 
exit by which they shall leave the same; said booths shall 
be at all hours well and sufficiently lighted to enable voters 
to read and prepare their ballots with ease; except as in 
this act otherwise provided, no person shall be allowed 
within said railed inclosure while the election is in 
progress, other than the election officers and voters enter¬ 
ing the samei for the purpose of preparing their ballots and 
voting at such election; but not more than two of such 
voters in excess of the total number of boothsi shall be 
allowed within such railed inclosure at one time; and no 
person shall be allowed or permitted to bei present in the 
polling-room outside such railed inslosure during the 
progress of the election, except, the officers, connected with 
the election, the several candidates, 'the duly-authorized 


Location of 
ballot-boxes. 


Who allowed 

within 

inclosure. 


Who allowed 
in polling- 
room outside 
of inclosure. 




48 


ELECTIONS. 


Who may 
vote after 
hour for 
closing polls. 


Plan for 
polling-room. 


agents of the candidates of political parties, such voters 
as are present for the purpose of voting, and such officers 
as may he duly detailed to be present, pursuant to this 
act, for preserving the peace or enforcing the provisions 
hereof; after the hour fixed for closing the polls no voter 
shall be admitted within the railed inclosure, but voters 
already within such inclosure shall be permitted tO' pre¬ 
pare and cast their ballots; the arrangement of such 
polling-place shall, as to said railed inclosurei, and the 
entrance thereto and exit therefrom, and the location of 
the booths and ballotrbox within such inclosure, be sub¬ 
stantially as shown in and by schedule A and forming 
a part hereof. 


T9. 


SCHEDULE A. 

Polling-room. 


Compar;ments. 


Entrance. 


Exit. 


Ballot-box. 















ELECTIO^vTS. 


49 


SO. Iiimiecliately on entering said railed inclosnre, and 
before; entering any booth, each voter shall be furnished 
by the inspector of election, to be stationed in close prox¬ 
imity to the entrance of said railed inclosiire., with one 
of each of the official ballots, provided for said election, 
and with oiie, and only one, of the official envelopes 
provided for such election; provided, that in those cases 
where, by the provisions of this act, a sufficient number 
of official ballots for that purpose shall not have been 
delivered to the board of election by the county or mu¬ 
nicipal clerk for any organization, party or group of 
petitioners, it shall be lawful for such organization, party 
or group of petitioners to deliver to the board of election 
official ballotsi, ii\ number sufficient to furnish one of 
such ballots to each voter; and it shall then be the duty 
of such board of election to provide each voter with such 
ballots in the manner provided for in this section; no 
person shall be permitted to vote at said election until 
after he shall have received said ballots and envelope in 
manner aforesaid, and carried the same with him into 
one of the booths; having obtained said ballots and en¬ 
velope, the voter shall, with the same in his possession, 
without delay and without leaving said railed inclosure, 
retire alone to one of said booths and enter the same and 
close the door thereof, and remain therein such length of 
time, not exceeding five minutes, until he shall have in¬ 
closed in said official envelope the ballot he intends voting, 
in such manner as to conceal all printing, writing or 
pasters on the face of said ballot, whether said ballot, was 
procured from said election officer, or within; said booth 
or elsewhere; on leaving the booth the voter shall forth¬ 
with, and before leaving said railed inclosure, deliver 
his ballot, inclosed in said envelope as aforesaid, unsealed, 
blit with the flap thereof turned down so as to conceal the 
ballot therein, to the judge of election at the ballohbox, 
who shall immediately deposit the same in the ballot-box 
in the presence of the voter; after which the voter shall, 
without unnecessar>^ delay, leave the polling-room; and 


Voter sup¬ 
plied with 
ballots and 
one envelope. 


Duty of 
voter after 
receiving 
ballots and 
envelope. 




50 


ELECTIOXS. 


Duty of board 
as to ballots 
received. 


Proceedings 
in case voter 
is blind or 
disabied. 


Name of 
person voted 
for not to be 
divulged. 


Disability not 
to include 
intoxicated 
persons, &c. 


110 ballot (except as in this act otherwise provided) shall 
be coiiiited unless the same shall be inclosed in an unsealed 
official envelope', in the manner herein prescribed ; pro¬ 
vided, that in no case shall the ballot be deposited bj such 
judge until the board of election diall have decided to 
receive the same; nor shall the ballot or envelop'e, in any 
ease, be by any member of said board opened, marked or 
examined, or permitted tO' be opened, marked or ex¬ 
amined, before the same shall be deposited in the ballot- 
box; and each envelope inclosing a ballot shall be sep¬ 
arately deposited in the ballotrbox. 

81. Any voter at any election who declares nnder oath, 
and establisheis to the satisfaction of a majority of all the 
members of the board of election, that by reason of blind¬ 
ness or other physical disability, he is nnable to enter and 
remain in a booth or to* prepare his ballot therein, for vot¬ 
ing as aforesaid, without assistance, shall be permitted to 
bring with him to snch booth a person of his omi' selection, 
who may retire with snch disabled voter tO' the booth and 
assist him in the preparation of his ballot and inclosing 
and folding the same in the said envelope as the disabled 
voter shall direct, in order that it may be cast by such dis¬ 
abled voter as his ballot; the poll-clerk shall make a 
memorandiun on the poll-book of every instance wdien 
an oath w^as administered to a voter as herein provided, 
stating briefly what facts were sworn to, and the name of 
the person or persons who aided the voter in preparing 
his ballot; no voter shall divulge tO' any one wdthin the 
polling place the name of any candidate for wffiom he in¬ 
tends to vote; nor shall he ask for and receive the 
assistance of any person within the polling place in tlie 
l)reparation of his ballot except as prescribed in this 
section; no person who assists a voter in the preparation 
of his ballot, as herein provided, shall reveal to another 
the name of any candidate for whom the voter has voted, 
or anything that took place while he was assisting such 
voter in preparing said ballot for voting; this section 
shall not apply to the case of any person intoxicated or 
unable to read and write. 



ELECTIOIS^S. 


51 


82. When any legal voter shall apply to the hoard of 
registry and election in the district in which he resides, 
and shall find that his name upon the registry list is 
already checked as having voted, it shall be lawful for the 
hoard of registry and election to receive his vote, upon 
due proof to them that he is a lawful voter in such dis¬ 
trict and has not voted in said election. 

8 d. The boards of election of every election district 
shall preserve the peace and maintain good order in 
their respective polling places, during the progress of 
all elections and the counting of the votes cast thereat, 
and to that end each member of every election board, 
during the progress of any election and the counting 
and canvassing of the votes, shall be and hereby is in¬ 
vested and charged with all the powers and duties of 
constables of this state in criminal matters; said elec¬ 
tion boards, or any two members of them, may, by writ¬ 
ing under their hands whenever in their opinion it shall 
he necessary so to do, request the municipal authorities 
of any municipality within which their election district 
is situate, or the body or officer having charge and direc¬ 
tion of the police force in such municipality, to detail 
one or more policemen to assist in preseiwing the peace 
and good order in and about such polling place, which 
request shall forthwith be complied with as far as possi¬ 
ble by the body or officer to whom the same is made. 

84. No member of any board of registry and election 
shall be elected to any office to be filled at the election 
in which he shall serve; and if any such member shall 
be voted for in any such election, the person or persons, 
to the number to be elected therein, who shall, by law, 
be qualified for the office or offices to be filled at such 
election, for whom the greatest number of votes shall 
have been given therein, other than such member, shall 
be deemed and taken to be elected, and the votes, which 
shall be given to such member shall be deemed and taken 
to be null and void. 


Proceedings 
when voter’s 
name is 
already 
checked off. 


Preservation 
of peace and 
good order at 
the polls. 


Member of 
board not 
eligible to 
elective office. 




52 


ELECTlOiNS. 


Act to apply 
to all general 
and city 
elections. 


Provisions as 
to local 
elections— 
townships, 
boroughs, &c. 


Booths to be 
provided. 


No official 
ballots 
required, but 
furnished by 
candidates. 


Official 
envelopes 
required; 
how provided. 


Local or Charter Elections in Townships and Munici¬ 
palities Other than Cities. 

S5. The provisions of this act relating to the nomi¬ 
nation of candidates and the nse of othcial ballots and 
envelopes shall apply to all general elections thronghont 
this state and to the charter, local or special elections in 
all of the cities of this state, but shall not apply to any 
township, local or municipal election in any township, 
town (a), borough or other mnnicipality of this state; 
but every township, local or nmnicipal election in any 
township, town, borough or mnnicipality, other than 
cities, shall be held and conducted in the following man¬ 
ner : The clerk of every such township, town, borough 
or other municipality shall, before election day, arrange 
the room by him provided for such election with booths, 
and railings, in all respects as is required in and by this 
act; the ballots to be used at such elections shall not be 
official, but shall be furnished or provided by candidates 
or other interested parties; such ballots shall be printed 
with black ink on plain white paper, after the manner 
and style hereinbefore provided; it shall and may be 
lawful for any voter at such election to erase from his 
ballot any name or names thereon printed, and to write 
or paste thereon the name or names of any person or 
persons for whom he may desire to vote for any office; 
the ink or lead pencil to be used in writing any name or 
names upon the ballots to be black in color, and the use 
of any other colored ink or pencil shall invalidate the 
entire ballot; all pasters shall be printed with black ink 
on white paper, and the use of any other kind or style 
of paster shall invalidate the entire ballot; for said 
election such clerk shall provide and furnish, at the ex¬ 
pense of the township or municipality, official envelopes 

(«) By an amendment the provisions of the act do now apply to the 
charter, local, municipal and special elections in all of the cities and 
towns of this state and in all other municipalities of this state having 
a population of more than 8,000 inhabitants according to the last state 
or federal census. See sec. 2.34 post. 





ELECTIONS. 


53 


of the size, color iiiid style hereinbefore mentioned; said 
envelopes shall have printed npon the face thereof the 

words ^^official envelope for -after the word 

“for'’ shall follow the designation of the township or 
other municipality for which the envelope is prepared; 
then shall follow the date of the election and a fac-simile 
of the signature of such clerk; the distribution and use 
of such official envelopes shall be confined exclusively to 
the polling-room, in the manner hereinafter directed; 
such clerk shall provide, and on the day preceding the 
election furnish to some member of the board of registry 
and election of each election district in every such town¬ 
ship or municipality, so many official envelopes as will be 
equal to double the number of all the votes cast in such 
election district at the last preceding election therein; 
which envelopes so furnished shall be by the officer receiv¬ 
ing the same delivered to the board of registry and elec¬ 
tion on the day of election, before the opening of the polls; 
it shall be lawful for any candidate or other person at any 
such election to deliver to the board of registry and elec¬ 
tion the ballots of any party or faction having candidates 
to be voted for at such election; which ballots so sup¬ 
plied, the board of registry and election shall receive and 
cause to be furnished to each voter, together with the 
official envelope; if on the face or back of any ballot or 
envelope inclosing any ballot, there shall be any mark, 
sign, designation or device whatsoever, other than is per¬ 
mitted by this act, whereby such ballot or envelope can 
or may be identified or distinguished from any other 
ballot or envelope used at such election, the ballot inclosed 
in such envelope shall be absolutely void and not counted 
for any candidate named thereon;(a) the conduct of 
such election, the manner of voting, and of counting and 
canvassing the votes cast, shall conform in all respects 
to the provisions of this act regulating the general elec¬ 
tion, and shall be subject to all the restrictions, conditions 
and penalties applicable thereto. 


Distinguish¬ 
ing mark on 
ballot or 
envelope 
renders same 
void. 


Ballots, how 

canvassed, 

&c. 


(a) For authorities as to what ballots and envelopes shall be deemed 
marked, &c., see note (a) to section 58 ante. 




54 


ELECTIONS. 


Canvassing the Vote. 


statement in 
poll-book at 
close of 
voting. 


Ballots, how 
counted and 
strung. 


Clerks to 
keep 

tally-sheet. 
Board to cast 
up votes. 


86 . In all elections held pnrsnant to this act before 
13 roceeding to estimate and canvass the votes which shall 
have been received the clerk of the board of election keep¬ 
ing the poll-book shall state therein, iniinediately after 
the last name, in words written at full length, the whole 
number of the names of the voters in the poll-book, in the 
following or like form: ^^The whole number of the names 
of the persons whose votes have been received during this 

election is-filling up the blank to conform to the 

fact; and the members of such board shall sign their 
names •thereto. 

87. Such board shall thereupon unlock and open the 
ballot-box; the envelopes containing the ballots shall 
then be taken singly and separately therefrom by the 
judge of election, who shall remove the same from the 
envelope, and while each ballot shall remain in his hands, 
he shall audibly and publicly read the same; and before 
taking another ballot from the box, shall deliver the 
ballot open with the official envelope to the inspector, to 
be examined and numbered; the inspector shall take and 
examine the same; and thereupon if he shall be satisfied 
uhat the same has been correctly read, write on the back 
thereof the number of such ballot from one onward, in 
the order in which the same shall have been taken from 
the box, and shall write a corresponding number upon the 
envelope from which the same was taken; the ballot shall 
then, before another envelope is opened, be returned to 
the envelope wherefrom it was taken; the inspector shall 
string the envelope and ballot as one ticket in the order 
in which the same shall be taken from the box and num¬ 
bered, by means of a needle and twine to be provided 
for that purpose. 

88 . The clerks of such board, under the inspection and 
direction of sucli board, shall each make a list of the 
names of all ])ersons for whom one or more votes shall 




* ELECTIONS. 


55 


have been given, designating the office, which snch per¬ 
son shall be voted for; and as each ballot shall be read 
he shall write the figure opposite the name of each 
person Avhose name shall be contained therein, as desia- 
nated for any office; Avhen all the votes Avhich shall haA^e 
been receiA^ed shall liaA^e been read, examined, nnmbered 
and strnng, as aboA^e direeted, snch board shall carefully 
and truly cast np the Azotes given for each person for any 
office to be filled at snch election. 

89. Xo- member of any board of registry and election 
shall sign any returns of election until after the com¬ 
pletion of the counting of votes, and' his personal ex¬ 
amination of the tally-sheets to determine the results; 
the counting of the votes shall commence immediately 
upon the closing of the polls on the^ day of election; 
the board shall proceed to read and count the votes re- 
ceiA’^ed, and shall ooinplete the same Avithont delay and 
withont adjournment, and after completing the same 
shall audibly and publicly announce the result thereof, 
particularly specifying the Avhole niimber of the voters 
in the poll-book, the name of each person for whom any 
vote shall have been given for any office to be filled by 
such election, and the number of Azotes giA^en for each 
person for the office designated for him by said votes; 
the counting of all ballots at any election shall be open 
and public, but not to the extent that the numloer present 
shall hinder, delay or inconvenience the election officers 
in counting the ballots and ascertaining the result. 

90. The decision of a majority of the board of regis¬ 
try and election on any question shall be deemed and 
taken to be the decision of such board, and final; and if 
any member of sucli board shall dissent from any de¬ 
cision of the same., and shall desire to protect himself 
from the consequences Avhich may result from such de¬ 
cision, it shall be laAvful for such member to record his 
dissent, in cases relating to registration, in thei register, 
and in all other casesi, in the poll-book of such election, 
signing his name to such record Avith his OAvn hand, and 


Signing 
returns, 
examination 
of tally- 
sheets. and 
announce¬ 
ment of 
result. 


Majority to 

decide 

questions. 


Dissent may 
be recorded. 




56 


ELECTIONS. 


What ballots 
wholly void. 


Rejected 

ballots. 


What ballots 

partially 

void. 


I'lnrality of 
votes 
sufficient 
to elect. 


unless lie sliall do so^ lie shall be deemed and taken to 
liave assented to the decision so made. 

91. If, in canvassing and estimating the votes, the 
number of ballots shall he found to exceed the number 
of the names of the voters in the poll-hook, then the 
ballots which shall remain in the box, after canvassing 
and estimating as many ballots as there are such names, 
shall be deemed and taken to be null and of no effect; 
if on opening any envelope it shall be found to contain 
more than one ballot, or if any ballot shall be wholly 
1)1 ank, then and in every such case such ballots shall be 
deemed and taken to be null and of no effect;(a) and in 
every case in which a ballot shall he declared null and 
of no effect, the same shall not he canvassed, estimated 
or numbered, but all such ballots shall be returned to 
the envelope wherein they were found, and on the face 
of such envelope shall he Avritten the Avords ^hejected 
ballot;’’ and the said eiwelope and ballot shall then be 
strung in the same manner in AAdiich the other envelopes 
and ballots are directed to he strung, but on a different 
tAAune. 

92. If, in canA^assing and estimating the Amtes, any 
ballot or ballots shall be found to contain more names 
for any othce than there are persons to be elected to fill 
such ofiice, then in eA^ery such case the ballot or ballots 
shall be deemed and taken to be null and of no effect, so 
far as respects the ofiice for Avliich there are more names 
than there are persons to be elected to- fill such ofiice, and 
no further. 

98. At every election the person or persons, to the 
number to be elected therein, aaIio shall by laAA^ be quali¬ 
fied for the ofiice or offices to be filled at such election. 


(a) Where each of thirty-five envelopes contained two ballots, or 
slips of paper, one headed “Alunicipal Ticket” and the other headed 
“Regular Republican Nominations,” both of which were indorsed by the 
town clerk as official ballots, the judgment of the trial court that both' 
of these ballots should be counted as one was reversed by the court of 
errors, and it was held that the language of the above section pro¬ 
hibited the court as well as all other election officers from counting 
such ballots. (lunulJcftft v. Dotf. 27 Tv. 082. 





ELECTIONS. 


57 


and for whom tlie greatest number of votes shall have 
been given therein for snch office or offices, shall be 
deemed and taken to be elected to such office or offices; 
and whenever an equal number of votes shall have been 
given to two or more persons to fill any office for which 
they shall by law be qualified, the said office shall be 
deemed and taken to be vacant. 


Statement of Result of Election. 

Od. In every toAvnship or municipality (other than 
cities) containing but one election district, the members 
of the district board of election conducting any town¬ 
ship, local or charter election therein, shall, upon the 
close of the election, ascertain and determine what offi¬ 
cers have been elected, sums of money voted, or proposi¬ 
tions adopted, and the result of the election in all other 
particulars; in every township or municipality contain¬ 
ing more than one election district the members of the 
district boards of election conducting any such election 
shall meet on the day after holding the same, at the hour 
of two o’clock in the afternoon, at the polling place, in 
the district in Avhich the township or municipal clerk 
may reside, and when so met shall ascertain and deter¬ 
mine in like manner the result of said election in said 
township or municipality; provided, that when such 
township or municipality contains more than two elec¬ 
tion districts, twO' members only from the board of elec¬ 
tion of each district (not of the same political party), to 
be designated by the-board, shall meet in like manner, 
and ascertain the result of said election as above pro¬ 
vided ; such determination shall be written out and signed 
by the election officers making the same, and forthwith 
delivered to and filed by the township or municipal clerk. 

95. In all elections which shall be held for state and 
county officers, the board of registry and election shall 
make duplicate statements of the result thereof, and cer¬ 
tificates to the same, in the following or like form: 


Equal vote 
renders office 
vacant. 


Result of 
township 
or local 
elections, 
except in 
cities, how 
determined. 
[Amended, 
P. L. 1899, 
p. 167.] 


Duplicate 
statements of 
result to be 
made in state 
and county 
elections. 




58 


ELECT10^s\S. 


Form thereof. 


statement of the result of an election held in the 

-election district of the --of-in the 

county of-, on the- day of November, in 

the year of our Lord one thousand eight hundred and 

-, for a member of the senate, members of the 

general assembly, a sheriff and three coroners, for said 
county; (or as the case may be.) 

The whole number of names on the poll list is-; 

The whole number of ballots rejected is-; 

For member of the senate. 



received 

votes 


received 

votes 

For members of the 

general assembly. 



received 

votes 


received 

votes 

For sheriff. 

received 

votes 


received 

votes 

For coroners. 

received 

votes 


received 

votes 


We do certify that the foregoing^ is a true, full and 
correct statement of the result of the election above men¬ 
tioned, and that the same exhibits the whole number 
of the names on the poll-book and of the ballots rejected, 
the name of each person for whom any vote or votes were 
given for any office designated for him in such vote or 
votes, and the nimiber of votes given for each person for 
the office or offices as designated for him. 

In witness whereof, we have hereunto set our hands, 

this-day of Xovember, in the year of our Lord 

one thousand eight hundred and -. 

I Board of 
I Registry and 
I Election.” 














ELECTIONS. 


59 


Making nnder eacli Lead a list of the names of all the 
persons for whom any vote or votes were given for the 
office or offices designated therein; and stating opposite 
lo the same, in words writteai at full length, the nmnber 
of votes given for each person for such office or offices, and 
filling up all other hlanks in the form above given, to con¬ 
form to the facts of the case; and in eveiy other election, 
the board of registry and election shall make statements 
of the result thereof, and certificates tO' the same, in a form 
similar to that above given, as far as the nature of such 
election will admit. 

96. The judge of election, or such one of their num¬ 
ber as the board of registry and election shall designate, 
shall, within twO' days next after every election, deliver 
or safely transmit one of said statements of the result 
of such election to the clerk of the county, who shall 
forthwith file the same; and whenever an election shall 
be held for senator, members of assembly or for any 
county, township, city or other municipal officers, such 
judge or member so designated shall, within two days 
next after such election, deliver or safely transinit the 
other of said statements to the clerk of the township,, 
city or municipality wherein such election is held, who 
shall forthwith file the same; but whenever an election 
shall be held for member of the house of representatives 
or for electors of president and vice president, or for 
governor, separate statements of the result of such elec¬ 
tion for representatives, electors or governor shall be 
made and certified by said board, and such judge or mem¬ 
ber so designated shall within two days next after such 
election deliver or safely transmit one of said statements 
to the clerk of the county, and shall inclose, seal uj) and 
transmit the other statement to the secretary of state by 
mail, directing the same in the following manner: ^^To 
the secretary of state of New Jersey, Trenton, New Jer¬ 
sey,’’ and the secretary of state on receiving such states 
ment shall forthwith file the same in his office. 


Form of 
statements 
in other 
elections. 


Disposition of 
statements. 




60 


E7;ECT10i\S. 


Penalty for 
failure to 
transmit or 
deliver 
statement. 


Delivery of 
statement 
may be 
ordered by 
.iustice of the 
supreme 
court. 


Itallots. 
poll-lists, &c., 
placed in 
ballot-box. 


97. If any membeT of a board of registry and election 
who shall have been appointed by such board to deliver 
or transmit the statement of the result of such election 
shall neglect or fail to deliver or safely transmit the 
same within the time herein required, such member shall 
forfeit and pay to the county collector of such county, 
for the use of the county, the sum of one hundred dollars, 
to be sued for and recovered by such collector, with costs, 
in any court of competent jurisdiction ; and it shall be 
the duty of the clerk of the county to certify to the 
county collector the names of all members so failing to 
deliver or transmit such statement; and the said county 
collector shall forthwith institute proceedings to recover 
said penalty. 

98. If any election officer shall fail to deliver or trans¬ 
mit the statements of the result of any election to the 
person or place, and within the time herein required, 
any member of the county board of elections may apply 
to any justice of the supreme court for an order to com¬ 
pel the immediate delivery of said statements, and the 
said justice, upon presentation of the facts which satisfy 
him that the said election officer has failed to deliver or 
transmit the same as herein required, may make an order 
requiring the immediate delivery thereof by said officer, 
and in case of failure on the part of said officer to produce 
the same within twenty-four hours after being seiwed 
with such order, the said officer shall be deemed and con¬ 
sidered in contempt of court, and shall be punished 
accordingly. 


Disposal of Ballot-Boxes. 

99. As soon as the election shall be finished, all ballots 
which have been cast, whether the same have been esti¬ 
mated and canvassed or rejected for any causei, the poll- 
list and tally papers, all unused and all spoiled official 
envelopes (which shall be tied up in one package), shall 
be carefully collected and deposited in the ballokbox; 




ELECT1(3XS. 


61 


and sncli ballot-box, after being locked and bound with 
tape and sealed, shall, in all cities in this state, be imme¬ 
diately taken in charge by the two clerks of election, and 
by them forthwith carried to the office of the city clerk 
of the city in which such election may be held, by the 
most direct route, and without delay, and said clerks 
shall not stop at any place between the polls and the city 
clerk’s office; the clerk of such city shall attend at his 
said office on election day, or appoint one of the clerks 
in his office to act for him, and keep his office open from 
the time the polls shall be closed until all the ballot-boxes 
used at the various polls in said city at such election 
shall have been delivered at his office; the clerk of such 
city or his subordinate whom he may have appointed to 
act in his stead, shall enter in a book to be kept for that 
purpose, the exact time when each ballot-box may be 
delivered at said office, the district whence it was brought, 
the names of the clerks delivering it, and’ the name of 
the police officer or other witness who may accompany 
them, and such other particulars as he may deem im¬ 
portant; said book shall be tiled in the office of the city 
clerk; in all townships and municipalities other than 
cities, such ballot-box shall remain in the township or 
other municipality, under the care and in the custody of 
the clerk thereof, to whom it shall be forthwith delivered 
by the clerks of election in the manner above directed. 

100. Every city, township or other municipal clerk 
to whom said ballot-boxes shall be delivered, shall 
thereupon keep the same, with their contents, but shall 
not have the keys thereof in his possession until required 
for the next ensuing election, and shall not open or permit 
to be taken or opened any ballot-box deposited as afore¬ 
said for the space of three months after the same has been 
so deposited, except when he shall be called upon by some 
court or other tribunal authorized to try the merits of such 
election, or to take testimony regarding the same; and 
after such trial or investigation, it shall be the duty of 
the clerk to have said box or boxes returned to his custody; 


Disposition of 
ballot-boxes 
in cities. 


Disposition 
in townships, 
&c. 


Preservation 
of boxes and 
ballots. 



ELECTIOXS. 


f)2 


I’enalty for 
interfering 
with clerks 
taking box to 
city clerk’s 
office. 


Board of 
county 
canvassers, 
who to be. 


Time of 
meeting. 
[Amended 
P. L. 1903, 
p. 701.] 


Appointment 
of clerk if 
county clerk 
be absent. 


provided, that when any election is required to be held 
for any purpose within the time that saitl ballot-boxes are 
required to remain in the custody of said clerk, it shall 
be lawful for the judge of the circuit court of the county, 
upon application of the city council, township committee 
or governing body of any munici 2 )ality, to direct the 
contents thereof to be removed and carefully preserved, 
and the said ballot-boxes to be used at such election. 

101. Any person who shall willfully obstruct or inter¬ 
fere Avith the clerk or clerks on the Avay from the polls to 
the office of the city clerk, shall be guilty of a mis¬ 
demeanor, and upon conAuction thereof shall be punished 
by fine not exceeding fiA^e hundred dollars, or by im¬ 
prisonment at hard labor for any term not exceeding two 
years, or both. 

Board of County Canvassers. 

102. Eor all general and special elections in this state, 
and for all local or municipal elections in the seA^eral 
cities of this state, the county board of elections in each 
county shall hereafter be and act as a board of county 
canvassers; the clerk of the county shall be the clerk of 
the said board. 

103. Such board shall meet on the Monday next after 
any such election, at tAveh^e o’clock noon, at the court 
house of such county, at Avhich time and place the clerk 
of such county shall attend and bring Avith him the state¬ 
ments of the result of such election which have been filed 
in his office. 

104. If the clerk of such county shall be absent at 
such meeting at the time appointed therefor, the board 
shall fortliAvith proceed to appoint a fit person to be the 
clerk of such board, Avho shall obtain such statements 
from the office of said clerk, and before proceeding to 
canvass and estimate the Azotes the chairman of the board 
shall administer to the clerk thereof, and the clerk thereof 
shall take an oath or affirmation in the folloAving form: 




ELECTIONS. 


63 


“\ou do swear (or affinn, as the case may be) that 
you will faithfully execute the duties of clerk of this 
board according to law.’’ 

105. If on the day appointed for the meeting of such 
board, a major part of such board shall not attend, at 
the court house of such county at the hour of twelve 
o’clock, noon, or if at that time the statements.' of the 
result of such election from every election district in 
such county shall not be produced, the membei*s of the 
board then present shall adjourn to some convenient 
hour on the next day; and at the hour to which such 
adjournment shall have been ordered, the member or 
members then present may proceed as hereinafter di¬ 
rected, or may again adjourn for a period not exceeding 
three days, at which time the member or members then 
present shall proceed as hereinafter directed. 

106. If at the time fixed for the meeting of such 
board the statements from every election district have 
not been filed with the clerk of the county, then such 
clerk shall forthwith, by a special messenger or other¬ 
wise, at the expense of such county, obtain such states 
nient or statements as shall be lacking,, in time to be 
produced to such board at their next meeting, and for 
this purpose either the statements directed to be filed 
Vv ith the county clerk or the statements directed to be filed 
with the clerk of any tovmship, city or municipality 
wherein such election was held, or a copy certified by the 
secretary of state, of the statements transmitted to him, 
shall be sufficient; and the clerk of such board shall lay 
before such board, at their subsequent meeting, all such 
statements and certified copies as he shall have obtained 
as above directed. 

107. Whenever any board of county canvassers shall 
find it necessary to adjourn, as herein provided, all stiate^ 
ments of the result of an election which shall have been 
delivered to such board, or to any member thereof, shall, 
in the presence of such board, and before it shall adjourn, 


Oath of clerk. 


When board 
may adjourn. 


Proceedings 
to obtain 
missing 
statements. 


Protection of 

statements 

during 

adjournment. 




64 


KLK("TJ()XS. 


Board to 
canvass votes 
and make two 
statements 
of result. 


Statements to 
be certified. 


be seeiirely inclosed and sealed and delivereid to tlie comity 
clerk for safe keeping until tlie next ineeting of sucli 
board. 

108. The members of said comity board of canvassers 
shall proceed to examine the statements and co 2 >ies of 
statements which shall be produced before them and shall 
canvass and determine the votes cast at such election; 
and shall forthwith make two statements of the result 
of sncli election; each of which statements shall contain 
the name of each election district, the number of names 
of the voters on the poll-books of each election district, 
and of the ballots rejected, and the whole number of 
such names and rejected ballots in all of said election dis¬ 
tricts ; the number of votes given in each election district 
for each person for whom any vote or votes shall have 
been o-iven for anv office to be filled bv such election, men- 

O t' V ' 

tioning the office for which each person shall have been 
designated and the name of such person (which num¬ 
bers of names and numbers of votes given, and of bal¬ 
lots rejected, may be in figures), and the whole iiumher 
of votes which shall have been given for each person for 
any such office, mentioning the office for which each |)er- 
son shall have been designated, and the name of such 
person (which numbers of votes and the names of persons 
and election districts shall be in words, 'Wiitten at full 
length), and each of such statements shall be certified to 
be true and correct by a certificate which shall be ap¬ 
pended to the same, signed by the members of such board 
making such canvass, (a) 


(a) Formerly the certificate was signed by'the chairman of the 
county board of canvassers and attested by the clerk. It will be ob¬ 
served that the present law requires the certificate to be signed by 
the members of the county board. The county board must make their 
statement of the result upon the statements and copies of statements 
produced before them. They have no authority to examine into the 
regularity of the proceedings of district boards or to look behind the 
official returns produced before them. State v. The Governor, 1 Dutch. 
331. See, also, State v. Common Council of Rahway, 4 Vr. 111. The 
result of an election may be inquired into by quo warranto, notwith¬ 
standing the determination of the canvassing board. State v. Cleric of 
Passaic, 1 Dutch. 354. 




ELECTIONS. 


65 


106. The statenient and certificate shall be in the fol¬ 
lowing, or like form: 

“A statenient of the result of an election held in the 

county of -, on the -^-- day of November, in 

the year of our Lord one thousand-hundred and 

-, to elect a member of the senate, members of the 

general assembly, a sheriff and coroners of said county 
[naming the officers as the case may be], made by the 
board of county canvassers of said county: 



I do hereby certify that the foregoing is a true, full 
and correct statenient of the result of the election above 
mentioned, as the same is exhibited by the statements 
jirodiiced and laid before the hoard of county canvassers 
according to law, and that the same exhiliits the numlier 
of the names of the voters in the ])oll-hooks of the elec¬ 
tion districts, respectively, and of the ballots rejected, 
the whole number of the names of the voters in the poll- 
books of the several election districts, the name of each 
person for whom any vote or votes were given, the num¬ 
ber of votes given for each person in each election <lis- 


Forra of 
statement. 


Form of 
certificate 
appended to 
statement. 


5 









































66 


ELECTIONS. 


Irict, and the whole nnmber of votes given for each per¬ 
son for each office designated for him^ as they appear by 
the statements so produced and laid before the said board. 
In witness whereof, I have hereunto set my hand, this 
-day of-, in the year of our Lord one thou¬ 
sand -hundred and-. 

Chairman of the board of canvassers. 

Attest: , Clerk.’’ 


Disposition of 
statements. 


Board to 
determine 
who are 
elected as 
legislators, 
county or 
city officers. 


And the blanks in the form above given shall be filled 
up to conform to the facts of the case. 

110 . Such board shall deliver one of the said state¬ 
ments to the clerk of the county, who shall forthwith file 
the same; and in case of an election held for members 
of the house of representatives, or for electors of presi¬ 
dent and vice president, or for governor, or for senator, 
members of assembly, or for any county officers, the 
chairman of such board shall inclose and seal up the other 
statement and deliver or safely transmit the same so in¬ 
closed and sealed up, to the secretary of state at Trenton, 
so that he shall receive the same within three days next 
after the meeting of such board; and the secretary of 
state shall forthwith file the same; and in case of any 
municipal election in any city of this state the chairman 
of such board shall forthwith deliver or safely transmit 
such other statement to the clerk of such city, who shall 
file the same. 

111 . The board of county canvassers, in case of an 
election for a member of the senate, members of the gen¬ 
eral assembly, or for any county or city officer or officers, 
shall proceed to determine the person or persons who 
shall, by the greatest number of votes, have been duly 
elected to the office or offices for which he or they shall 
have been designated; and thereupon such board shall 
make a statement of their determination, certified to be 
true and correct, by a certificate appended to the same, 
and signed by the chairman of such board, in the presence 
of the clerk of such board; and the clerk of such board 








ELECTIONS. 


67 


shall attest the signing of the same by such chairman, by 
signing his name thereto; and the statement of sncli de- 
tennination, and the certificate thereto, shall be annexed 
to the statement of the resnlt of the election, and shall be 
delivered therewith to the clerk of the coiinty and filed in 
his office; in case of an election for any city officer or 
officers, another copy of sneh determination, as to such 
officer or officersi, shall be: made, signed and attested in 
manner aforesaid and forthwith filed with the clerk of 
such city. 

112. The statement of the determination of saicli board 
shall be in the following or like form: 

‘LV statement of the determination of the board of 
county canvassers relative tO' an election held in the 

county of-on the-day of November, in the 

year of our Lord one thousand - hundred and 

-, for the election of a member of the senate, 

members of the general assembly of this state, and a 
sheriff and coroners for said county (naming the officers, 
as the case may be). 

The said board do determine that at the said election, 

-was duly elected a member of the senate of this 

state; -were duly elected members of the general 

assembly; -^was duly elected sheriff, and - 

were duly elected coroners for said county (as the case 
may be). 

I do certify that the foregoing is a true, full and correct 
statement of the determination of the board of can¬ 
vassers therein mentioned. 

In witness whereof I have hereunto set my hand this 

-^day of November, in the year of our Lord one 

thousand eight hundred and -. 

Chairman of the board of canvassers. 
Attest: , Clerk.’’ 

And in case of a special election to fill a vacancy or 
vacancies, the statement of the determination of such 


Form of 
statement of 
determina¬ 
tion. 


Form of 
statement in 
special 
elections. 













68 


ELE(yn()xs. 


In certain 
cases board 
to make 
statement 
and deter¬ 
mination. 


In other 
cases to make 
statement 
only. 


County clerk 
to deliver 
certified 
copies of de¬ 
termination 
to persons 
determined 
to be elected. 


Certified 
copies prima 
facie evidence 
of election of 
senators and 
assemblymen. 


All 

statements 
produced 
before board 
to be filed in 
county clerk’s 
office. 


board, and tlie certificate tliereof, shall bo in a form 
similar to that above given, as far as the nature of the 
case will admit. 

113. The board of county canvassers in the case of 
an election for a member of the senate, members of the 
general assembly, county or mnnicipal officers, or any 
of them, shall make a statement of the result thereof, 
and their determination as to the person or persons who 
shall be elected therein ; and in all other cases shall make 
only a statement of the result of the election in such 
county upon the statements and copies of statements 
which shall be produced and laid before the board, as 
directed in this act. 

114. The clerk of such county, in the case of an elec¬ 
tion for senator, members of the assembly, or any county 
officer, shall make as many copies of the statement of 
the determination of such board, and tlie certificate ap- 
Ijended thereto, as may be necessary, and shall certify 
such copies to be true, full and correct, by a certificate 
appended to each of them, and shall sign his name thereto, 
and affix thereto the seal of the county, and shall without 
delay deliver one of the same to each person who shall 
be so elected and shall inclose, seal up and transmit an¬ 
other copy of the same to the secretary of state at Trenton, 
within five days next after the meeting of such bcmrd ; 
and the said secretary shall file the same in his office. 

115. The senate and general assembly shall convene 
and hold their sessions in tlie state housei, at Trenton; 
and in the organization of each house the ceiTified copies 
of the aforesaid statements of the detennination of such 
board shall be deemed and taken to be prima facie evi¬ 
dence of the' right of the persons therein mentioned to 
seats in tlie houses, respectively, to which they shall have 
been so detei’inined to be elected. 

116. All the statements and copies of statements which 
shall be produced and laid before such board shall, by 
such board, be delivered to the clerk of such county, and 
shall be by him filed in his office. 



ELECT [0X8. 


69 


117. All the proceedings of such hoards shall be open 
and public^ and a decision of the major part of the 
members thereof, who shall be present at such meeting 
thereof, shall be deemed and taken to be the decision of 
Mich board: and if any member shall dissent from a 
decision of the board, and shall desire to protect himself 
against any consequences which may result from such 
decision, he shall state his dissent in writing, and deliver 
the same to the clerk of such county, who shall file the 
same in Ids office. 

Board of State Canvassers. 

118. In case of any election for one or more members 
of the house of representatives, or for electors of presi¬ 
dent and vice president, or for governor, if it shall so 
happen that the secretary of state shall not, on or before 
the seventh day after the time appointed for the meeting 
of tlie board of canvassers in the several counties, have 
received the statements of the result of such election in 
every county, which are hereinbefore directed to be de¬ 
livered or transmitted to him by the chairman of such 
lioard, such secretary shall forthwith, by a special mes¬ 
senger or otherwise, obtain such statement or statements 
as are lacking; and for this purpose a copy of the state¬ 
ment directed to be tiled with the clerk of the county, 
certiiied l)y such clerk, shall be sufficient; and whenever 
and' so soon as such secretary shall receive or obtain any 
statement of the result of such election, in any county, 
in the manner hereinbefore jDrovided for, he shall ascer¬ 
tain whether or not such statement includes the statement 
of the result of such election in every election district 
of such county; and if it shall appear to him that the 
statement of the result of such election in any election 
district is not exhibited by or included in the statement 
of the result of such election, in such county, he shall 
forthwith ascertain whether or not a copy of such lacking 
statement has been received in his office; and if it shall 


I’roceedings 
of board 
public— 
majority to 
decide. 


Dissent may 
be filed with 
county clerk. 


Secretary of 
state to 
obtain 
missing 
statements. 


Duty of 
secretary of 
state as to 
defective 
statements. 



70 


ELECTIONS. 


Statements to 
be laid before 
state board of 
canvassers. 


State board 
of canvassers, 
how consti¬ 
tuted and 
when to meet. 


Their duty. 


Who to be 
chairman and 
clerk. 


Oath of 
members of 
state board. 


fippear to liini that such copy has not been so received, 
he shall forthwith, by special uiessenger or otherwise, 
obtain a copy of the statement directed to be filed with 
the clerk of such county, certified by such clerk, which 
shall be sufficient; and such secretary shall, on the 
twenty-first day next after the day of such election, pro¬ 
duce and lay before the board of state canvassers all 
snch statements and copies as shall relate to such election, 
which shall have been received or obtained by him as 
hereinbefore provided for. 

119. The governor shall attend at Trenton on the 
tAventy-first day next after the day of election, and 
snmmon to attend him on that day four or more of the 
members of the senate, provided said members of the 
senate shall represent each political party, for the pur¬ 
pose of canvassing and estimating the Azotes given for 
each person for AA'hom any A^ote or Amtes shall have 
been giA^en for one or more members of the house of 
representatiA^es, or for electors of president and vice 
president, or for goA^ernor, and of determining and declar 
ing the person or persons aaIio shall, by the greatest 
number of A'otes, liaA'e been duly elected to such office 
or offices; and snch members of the senate as shall 
be snmmoned shall attend at Trenton on that day for 
that purpose; they shall meet in the chamber of the 
senate, or some other coiiA’enient place at Trenton, at 
the hour of tAvo o’clock in the afternoon, and shall con¬ 
stitute a board of state caiwassers; and the gOA'ernor 
shall be the chairman thereof, and the secretary of state 
shall be the clerk thereof. 

120. The chairman of such board shall administer to 
each niemher thereof, and each member thereof shall 
take, an oath or. affirmation in the folloAving form: 

“^^Tou do SAvear (or affirm, as the case may be) that 
you Avill faithfully and im])artially execute the duties of 
a meml)er of this l)oard according to hiAV*” and there- 
u])on one of the members of such board, to be a])pointed 
by such board for that pur])ose, shall administer to the 



ELECTIONS. 


71 


chaimian thereof an oath or affimiation. in the same 
form as that which shall have been taken by the other 
members. 

121. If the secretary of state shall be absent from 
snch meeting at the time appointed therefor, such board 
shall forthwith, after the oaths or affirmations shall have 
been administere'd and taken, proceed to appoint a fit 
person to be the clerk of snch board; and before proceed¬ 
ing to canvass and estimate the votes, the chairman of 
snch board shall administer to the clerk thereof, and snch 
clerk shall take, an oath or affirmation in the follow¬ 
ing form: 

^^Yon do swear (or affirm,, as the case may be) that 
yon will faithfully erxecnte the duties of clerk of this 
board.’’ 

122. Snch board shall consist of at least five persons, 
inclnding the chairman thereof; and if a number of the 
membeirs: of the senate, who shall have been snmmoned 
as members of siich board, snfficient to constitnte snch 
board, shall not attend the meeting thereof, it shall be 
the dnty of the governor to’ snmmon as members of 
snch board, as many fit persons, who shall possess the 
qualifications required for members of the senate, as 
shall be necessary to complete the nnmber required to 
constitnte snch board. 

123. The secretary of state shall thereupon prodnoe 
and lay before snch board all statements and copies 
relating tO' snch election which he shall have received or 
obtained; and snch board shall then forthwith proceed 
to make a statement of the result of snch election in 
the state; which statement shall contain the whole nnm¬ 
ber of the namesi of the' voters in all the poll-books in 
the state, thei names of all the persons; for whom any 
vote or votes shall havei been given for any office or 
offices to be filled at snch election, and the whole nnmber 
of the votes which shall have been given to eiacli person 
for any snch office or offices, mentioning the office or 
offices for which each person shall have been designated. 


In absence of 
secretary of 
state a clerk 
may be 
appointed. 


Oath of clerk. 


Vacancies in 
state board, 
how filled. 


Secretary of 
state to 
produce 
statements 
before state 
board. 


State board 
to make and 
certify 
statement 
of result. 




72 


ELECTIOA^S. 


To determine 
and certify 
who are 
elected. 


and shall contain tliei name of each county, the number 
of nameS' in the poll-books in the counties^ respectively, 
the number of votes given for each person in each county 
for any such office or offices; and in such statement the 
name of each person for whom any vote or votes shall 
have been given, the whole number of votes given for each 
person, and the name of each county, shall be in words 
written at full length; and the whole number of the 
names of the voters in all the poll-booksi in the states, the 
number of the names in the poll-books in the countiesi re¬ 
spectively, atid the number of votes given for each 
person in each county, may be in figures, and such state¬ 
ment shall be certified to be true and correct, by a cei’^ 
tificate appended to the same; and the chairman of such 
board shall sign his name thereto, in the presence of the 
clerk of the board, and such clerk shall attest the signing 
of the same by such chairman by signing his name 
thereto; and the statement and certificate appended 
thereto' shall be in a fomi similar to that hereinbefore 
prescribed for the board of county canvassers, as far as 
the nature of such election will admit; and when the 
statement and certificate above mentioned shall have 
been made and subscribed, such board shall proceed to 
determine the person or persons who shall, by the greatest 
number of votes, have been' duly elected to the office or 
offices for which he or they shall have been designated; 
and thereupon such board shall make a statement of their 
determination; and such statement shall be certified 
to be true and correct by a certificate which shall be 
appended to the. same; and the chairman of such board 
shall sign his name thereto, in the presence of the clerk 
thereof, and such clerk shall attest the signing of the same 
by such chairman by signing his name thereto; and 
the statement of such determination, and the cer¬ 
tificate appended thereto, shall be in a form similar to 
that hereinbefore prescribed for the board of county 
canvassers, as far as the nature of such election will 
admit, and shall be annexed to the statement of the 



ELECTIOXS. 


73 


rosnlt of such election; and both of snch statements and 
certilicates shall forthwith be delivered to the secretary 
of state, Avho shall file the same in his office. 

124. The clerk or member of the board of election of 
any election district, the clerk or the chairman of the 
board of can^'assers of any county, or any other person 
who shall be in possession of any statement, or copy 
of any statement, which shall have been made and sub¬ 
scribed under the provisions of this act, shall fortliAvith, 
on application by any messenger who shall have been 
dispatched for the same by the secretary of state, deliver 
to snch messenger snch statement or copy; and the mem¬ 
ber of the board of election of any election district, or 
any clerk or other person who shall be in possession of 
any statement, or copy of any statement, which shall 
h.ave been made and subscribed under the provisions of 
this act, shall forthwith, on application by any messenger 
who shall have been dispatched for the same by the clerk 
of snch comity, deliver to snch messenger snch statement 
or copy; and snch messenger, in either case, shall be 
commissioned as snch in writing, under the hand and 
official seal of the officer by whom he shall have been dis- 
]iatched, and shall exhibit his commission to the ^lerson 
to whom he*shall apply for snch statement or copy; and 
when he shall have obtained snch statement or copy, 
shall forthwith deliver the same to the officer who shall 
iiave dispatched him. 

125. If the secretary of state shall neglect to produce 
and lay before snch board any snch statement or copy 
received or obtained by him, or shall withhold any snch 
statement or copy, the chairman of snch board shall forth¬ 
with snmmon snch secretary to appear and produce and 
lay before the board snch statement or copy, and there¬ 
upon snch secretary shall forthwith produce and lay the 
same before snch board. 

126. Snch board shall make the statement of the result 
of snch election in the state, and their determination as 
to the person or persons who shall have been elected 


Statements, 
&c., to be 
filed. 


Missing state¬ 
ments to be 
delivered to 
messengers. 


Messengers 
commissioned 
in writing. 


Secretary of 
state may be 
summoned to 
produce 
statements. 


Statement of 
result by 
state board, 
how made. 



74 


- ELECTIO:XS. 


OflScial 
notification 
of election 
by secretary 
of state. 


All 

statements 
filed in ofiice 
of secretary 
of state. 


Proceedings 
of state board 
to be public. 


Dissent may 
be filed. 


Certification 
of election of 
members of 
the house of 
representa¬ 
tives. 


therein upon the statements of the result of such election, 
or the copies of such statements which shall have been 
made by the board of county canvassers in the several 
counties, and laid before such board; provided, that if 
it shall appear, by any such statement from any county, 
that the statement of the result of such election in any 
election district of such county is not exhibited by or 
included in such statement, such board shall give full 
force and effect to the statement of the result of such 
election in such district, or the copy of such statement, 
which shall be laid before such board by the secretary 
of state as is hereinbefore directed. 

127. The secretary of state shall make as many copies 
of the statement of the determination of such board, and 
the certificate thereto, as there shall be persons thereby 
declared to be elected; and shall certify such copies to 
be true, full and correct, by a certificate appended to 
each, and shall sign his name thereto and affix thereto 
the seal of the state, and shall, without delay, deliver one 
of the same to each of the persons who shall be so elected. 

128. All the statements and copies of statements which 
shall have l)een produced and laid before such board shall 
be delivered to the secretary of state, and be by him filed 
in his office. 

129. The proceedings of such board shall be open and 
public, and the decision of a majority of the members 
thereof shall be deemed and taken to be the decision 
thereof; and if any member shall dissent from such deci¬ 
sion, and shall desire to protect himself against any con¬ 
sequences which may result therefrom, he shall state his 
dissent in writing, and deliver the same to the secretary 
of state, who shall file the same in his office. 

IdO. In case of an election for one or more members 
of the house of representatives, the secretary of state 
shall prepare a general certificate of the election of such 
member or members, and lay the same before the gov¬ 
ernor, who shall sign his name thereto, in the presence 
of such secretary; and such secretary shall attest the 



ELECTIONS. 


75 


signing of the name by the governor by signing his 
name thereto, and shall thereupon affix the seal of the 
state thereto, and transmit the same forthwith to the 
clerk of the house of representatives, if they shall then 
be in session, and if not in session, then at their first 
meeting; and in case of an election for electorsi of presi¬ 
dent and vice president of the United States, such secreh 
tary shall prepare a general certificate of the election of 
such electors, and lay the same before the governor, who 
shall sign his name thereto, in the presence of such secre¬ 
tary; and such secretary shall attest the signing of the 
same by the governor, by signing his name thereto, and 
shall thereupon affix the seal of the state thereto, and 
deliver the same, to the president of the collegei of electors 
of this state, on the day and at the time and place ap¬ 
pointed for the meeting of such college. 


The Electoral College. 

131. The electors of president and vice president shall 
convene at the state house at Trenton, on the day ap¬ 
pointed by congress for that purpose, at the houf of three 
o’clock in the afternoon of that day, and constitutei an 
electoral college; and, after choosing a president and 
secretary from their own body, shall proceed tO' perform 
the duties required of them by the constitution and laws 
of the United States. 

132. When any vacancy shall happen in the college 
of electors of this state or when any elector shall fail 
to attend, by the hour of three o’clock in the afternoon 
of the day fixed by the congress of the United States 
for the meeting of the college of electors, at the place 
of holding such meeting, those of the said electorsi who 
shall be assembled at the said hour and place shall im¬ 
mediately after that hour proceed to fill, by a majority 
of votes, all such vacancies in the electoral college; pro¬ 
vided, that if the members of the electoral college shall 


Of the 
election of 
presidential 
electors. 


Meeting of 

presidential 

electors. 


Vacancy in 
electoral 
college, how 
filled. 




76 


ELECTIOInS. 


have been nominated and elected as representing differ¬ 
ent political parties, anj vacancy occurring shall be filled 
])y the elector or electors representing the same political 
party as the absent elector; and if there shall be no 
elector joresent representing the same political party as 
tlie absent elector, then such vacancy shall be filled by a 
majority of the electors present, who shall choose some 
person of the political party which the absent elector 
represents. 

Elections to Supply Vacancies. 


Filling of 
vacancies in 
legislature. 


133. Whenever any vacancy shall happen in the rep¬ 
resentation of any county in the senate or general assemr 
bly, the house in which such vacancy happens shall direct 
a writ of election for supplying the same, unless such 
house shall be of the opinion that the services of a person 
in the office then vacant will not be required during the 
unexpired period of the legislative year; but if such 
vacancy happens during the recess of the legislature, or 
after the annual election, and not less than fifteen days 
l>efore the commencement of the legislative year (or a 
shorter time before such commencement, if the board of 
chosen freeholders make the requirement hereafter 
mentioned), it shall be the duty of the governor forth¬ 
with to issue a writ of election to fill the said vacancy, 
unless he shall be of opinion that the seiwices of a person 
in the office then vacant will not be required during the 
legislative year, or the residue thereof; but tlie neglect 
of the governor to issue a writ for filling such vacancy 
shall not preclude the house in which such vacancy may 
liave happened from causing the same to be filled, if they 
judge it advisable; provided, that if the board of chosen 
freeholders of such county shall sigmify in writing to the 
governor, in case such vacancy occurs during tlie recess 
of tlie legislature, or after the annual election, and before 
the commencement of the legislative year, or to such 
house, when in session, the desire of such board that the 



ELECTIONS, 


vacancy shall be filled, then snch house, or the governor, 
as the case may be, shall forthwith, after snch signitica- 
tion, issue snch writ. 

Idd-. If any person who shall be elected a inemher of 
the senate or general assembly of this state shall neglect 
or refuse, for ten days next after the commencement of 
the session of snch house, to take his seat therein, or to 
send to such house a satisfactory excuse, or shall, during 
any session of snch house, be absent nnremittingly for 
ten days (unless expressly excused by snch house from 
attendance thereon), or shall remove from and cease to be 
a resident of the state, or of the county for which he 
may have been elected, his office shall be deemed vacant. 

135. Whenever any vacancy or vacancies shall happen 
in the representation of this state in the house of repre¬ 
sentatives, it shall be the duty of the governor forthwith 
to issue a writ of election to fill such vacancy or vacan¬ 
cies, unless the term of service for which the person or 
persons whose office or offices shall become vacant will 
expire within two months next after the happening of 
such vacancy or vacancies. 

136. Every writ of election which shall be issued under 
the provisions of this act shall be of the nature of a 
proclamation, and be signed by the governor or by the 
president of the senate or the speaker of the house of 
assembly, as the case may be; and shall specify the cause 
and purpose of such election, the name of the officer in 
whose office the vacancy has occurred and the day on 
which such election shall be held, which shall not be less 
than fifteen days, nor more than forty days, from the 
date of such writ. 

137. Every such writ shall, by the officer issuing the 
same, be delivered forthwith to the secretary of state, 
who shall forthwith affix thereto the seal of this state, 
and file the same in his office; and in case such vacancy 
or vacancies shall have happened in the representation 
of any county, in the senate or assembly, he shall make, 
or cause to be made, a copy of such writ, certify the same 


What 

constitutes 
a vacancy in 
senate or 
general 
assembly. 


Vacancy in 
house of rep¬ 
resentatives, 
how tilled. 


Nature and 
form of writ 
of election to 
till vacancy. 


Duties of 
secretary of 
state as to 
writ of 
election. 




78 


ELECTIOXS. 


Duty of 
county clerk 
as to writ 
of election. 


Vacancy in 
county office, 
how filled. 


►Special elec¬ 
tions, how 
conducted. 


to he true and correct under his hand, and cause such 
copy thus certified to be delivered to the clerk of such 
county, and in case such vacancy or vacancies shall have 
hap])ened in the representation of this state in the house 
of re])resentatives, he shall cause' as many copies of such 
writ to be made as there shall be counties or parts of 
counties in such vacant congressional district or districts, 
certify each of the same to be true and correct under 
his hand, and cause one of such copies to be delivered to 
the clerk of each of said counties. 

138. The clerk of each of said counties shall, forth¬ 
with after the receipt of any such copy, cause the same 
to he published at least once a week, until the time of 
such election, in at least four of the newspapers which 
shall be printed or published in such county; and if such 
election shall he held to fill a vacancy or vacancies in 
the representation of such county in the senate or as- 
sendjly, such publication shall be made*at the expense 
cd such county; and if such election shall be held to 
fill a vacancy or vacancies in the house of representa¬ 
tives, such publication shall be made at the expense of 
this state. 

139. Any vacancy happening in the office of sheriff, 
coroner, clerk, register or surrogate of any county, shall 
be sup})lied at the general election next succeeding the 
liappening thereof, unless such vacancy shall happen 
within fifteen days next preceding such election, in which 
case such vacancy shall be supplied at the second suc¬ 
ceeding general election. 

140. Every special election shall be conducted by the 
same election officers and in the same manner as the 
general election is or may be conducted; nominations 
sliall be made for the offices to be filled at such special 
election in the manner herein provided for the nomina¬ 
tion for such offices at the general election, and the 
register used at the election next preceding such special 
election shall be used thereat, subject to revision and 
correction in the same manner as is herein provided 



ELECTIO^sTS. 


79 


for the revision and correction of the register at charter 
or local elections, with such modifications, if any, as to 
the times of meeting of the registry boards, as the county 
board of elections may deem necessary. 


Contested Elections for Governor. 

141. Any person intending to contest the election of 
governor, shall, within thirty days next after such elec¬ 
tion, give notice in writing to the person whose election 
he intends to contest, stating such intention, and setting 
forth the facts, charges and specifications upon which 
he means to rely; which notice shall be delivered to such 
person, or be left open at his usual place of residence, 
with a member of the family over the age of fourteen 
years. 

142. The said contestant shall address and cause to be 
delivered to the president of the senate as soon as that 
body shall be organized by the election of a president, 
a petition in writing, setting forth that the said petitioner 
intends to contest the said election of governor, and the 
facts, charges and specifications upon which he means 
to rely, and praying that a joint committee of the two 
houses of the legislature may be, appointed to try the 
same; which petition shall be accompanied by the affida¬ 
vit of the petitioner that the facts, matters and things 
in said petition contained are true, as he verily believes; 
and shall be also accompanied by due proof that the notice 
mentioned in the preceding section has been given as is 
therein directed. 

143. Upon the receipt of such petition, verification and 
proof, the said president shall immediately give informa¬ 
tion thereof to both houses of the legislature, who shall, 
on a day and hour to be agreed upon between them, not 
exceeding ten days from the delivery of such petition, 
convene in the senate chamber, and proceed to appoint 
such committee. 


Notice of 
contested 
election of 
gorernor. 


Petition to be 
delivered to 
president of 
senate. 


President of 
senate to 
notify both 
houses of 
legislature. 



80 


ELECTIONS. 


Selection 
of names 
for joint 
committee. 


Process of 
perfecting 

committee. 


14-4-. The president of the senate shall preside at such 
meeting; the names of the members of each house shall 
be called over, and thereupon the names of the members 
of the senate present shall be written on distinct pieces 
of paper, as nearly similar as may be, and each rolled 
up and put into a box by the clerk of the assembly, and 
after being shaken and intermixed, shall be placed on the 
president’s table; and the secretary" of the senate shall 
then draw from the said box the papers so rolled up, and 
deliver them singly to the speaker of the house of as¬ 
sembly, who shall open and read them aloud as he receives 
them, and deliver them singly to the president of the 
senate, who shall place them open on the table; and the 
clerk of the house shall take down the names as they are 
so called in writing, until the number of ten names be 
drawn, when the drawung shall cease; the names of all 
the members of the house of assembly who are present 
shall then, in like manner, be written on similar distinct 
pieces of paper, and each rolled up and put into a box 
by the secretary of the senate, and after being shaken 
and intermixed, shall be placed on the president’s table; 
and the clerk of the house shall then draw from the said 
box the papers so rolled up, and deliver them singly to the 
president of the senate, wdio shall open and read them 
aloud as he receives them, and deliver them singly to the 
speaker of the house, who shall place them open on the 
table, and the secretary of the senate shall take down the 
names as they are so called, in writing, until the number 
of twenty-nine names shall be drawn, when the drawing 
shall cease. 

145. lATien the names of ten members of the senate 
and twenty-nine members of the house of assembly shall 
have been so drawn, a list of the members so selected 
shall be given to each of the parties, or their counsel, 
who shall immediately withdraw to some adjoining room, 
with a clerk or member appointed by the joint vote of 
the members present, where they shall proceed alter¬ 
nately to strike off the names upon the said list, the con- 



ELECTIO^sTS. 


81 


testant striking first, until the number shall he reduced 
to four members of the senate and nine members of the 
house of assembly; and within one hour from the time 
of so withdrawing, shall deliver to the president of the 
senate the names of the said thirteen members remain¬ 
ing on the list, who shall constitute a committee to try 
the matter in controversy, and shall respectiveily take 
an oath or affimation, to be administered by the presi¬ 
dent of the senate, tO' try the matter of the petition, and 
to give true judgment thereon according to evidence; and 
the time and place for the meeting of the select com¬ 
mittee so appointed shall then be directed by the joint 
vote of the members of both houses, which shall be within 
twenty-four hours of the appointment. 

146. As soon as the list shall have been delivered to 
the partieisi aforesaid, the clerk of the house of assembly 
shall proceed to draw out, one by one, the names of the 
remaining members of the senate and deliver them singly 
to the speaker of the house, who shall unfold and read 
them aloud; and then the secretary of the senate shall 
in like manner draw out the names of the remaining 
members of the house of assembly and deliver them singly 
to the president of the senate, who shall unfold and read 
them aloud; and if any unfairness or mistake shall be 
discovered therein, then the whole proceeding shall be 
set aside, and the business be renewed in manner and 
form as is hereinbefore directed. 

147. The committee so chosen shall, on their first 
meeting, elect a chairman from among themselves, and 
some competent person as clerk, and in case of the sick¬ 
ness, death, resignation or inability to act of either, may 
choose another in his place; and in case of the refusal 
or inability of any member of the committee so chosen 
tO' act, the committee shall, by a majority of votes, fill 
such vacancy by choosing a member to supply his place, 
if he be a senator, from the senate; if a member of the 
assembly, from the house of assembly; provided, that no 
member who w^as stricken from the list of names drawn 


Oath, 


Balance of 
names drawn 
and mistakes 
corrected. 


Organization 
of committee. 


6 




•82 


ELEC^TIOXS. 


Sessions con¬ 
tinued from 
day to day. 


I’ower of 
committee. 


Determina¬ 
tion of 
committee to 
be recorded 
on journal of 
senate and 
house. 


Proceedings 

public. 


Witness fees, 
clerk’s com¬ 
pensation, 
ft.xpenses. 


sliall l)e cligilile to be chosen; and fjvovided, that sncli 
vacancy shall be filled before the coniniittee sliall have 
entered upon the hearing of the case. 

148. The said coniniittee shall sit from day to day, 
Sundays etxcepted, and attend exclusively to the busi¬ 
ness before them until they shall have finally decided the 
case. 

140. The said committee shall have power to send for 
])ersons, papers and records, to examine*all witnesses who 
may come before them, upon oath or affirmation, to be 
administered by the chairman; and any person guilty 
of taking a false oath or affirmation before them, or of 
procuring another to do so, shall, upon conviction, be 
liable to the same punishment as persons convicted of 
perjury are liable to liy law; the committee may require 
the production of ballot-boxes with their contents, and 
may examine and recount, if necessary, the ballots cast 
in any district or districts. 

150. All determinations of the said committee shall 
be by a majority of votes; as soon as the said committee 
sliall have determined whether the election or return re¬ 
ferred to them is legal and valid, or the contrary, and 
who, if anyone, is duly elected to the said office of gov¬ 
ernor, the chairman shall make two reports thereof in 
writing, one of which he shall deliver to the president of 
the senate and the other to the speaker of the house of 
assembly; which reports shall be entered on the journals 
of the respective houses, and shall be. final and conclusive, 
and the person adjudged to bo elected shall be entitled 
to the office ; and if no one shall be adjudged to be elected, 
then the office shall be declared vacant. 

151. The proceedings of the coinmittee shall be con¬ 
ducted ]mblicly; the parties shall be at liberty to ap})ear 
l)efore them in person, or by counsel, and ejxamine and 
cross-examine the witnesses |)ro<luced, and be heard upon 
the questions that arise in the case. 

152. Witnesses attending by order of the committee 
shall have the same fees as are allowed at law; the Clerk 



ELECTIONS. 


83 


of tlie committee shall be allowed compensation at the 
rate of ten dollars per diem, but no fees; and all ex¬ 
penses incurred shall be taxed by the committee and paid 
by the treasurer on the certificate of the chairman. 


Contested Elections for Members of the Legislature 
and Congress. 


153. If any person shall intend to contest the right 
of any person who shall have been declared to be duly 
elected a member of the senate, a member of the general 
assembly or a member of the house of representatives of 
the United States, to a seat in the house of which he 
shall have been declared to be elected a member, the 
person so intending shall, within thirty days next after 
Ihe day of such election, give notice in writing of such 
intention to the person whose seat he shall intend to con¬ 
test ; which notice shall be delivered to such person, or 
shall be left open at his usual place of residence, with one 
of the family above the age of fourteen years, and such 
notice shall particularly set forth the ground or grounds 
on which such’ seat will be contested. 

154. The judges of the court of common pleas, the 
commissioners to take bail and affidavits in the supreme 
court, and the masters in chancery, respectively, shall 
have power, and are hereby required at any time, on 
application to them by any person who shall intend to 
contest the right to a seat as above mentioned, or whose 
right to a seat shall be contested, to issue a subpoena or 
subpoenas to any person or persons whose testimony the 
person so applying shall be desirous to take, and to ap¬ 
point some time, not less than ten nor more than twenty 
days after such ai 3 plication shall be made to him, and 
some place for the examination of such person or persons; 
provided, that no officer shall issue any such subpoena or 
appoint such time, unless he shall be satisfied that such 
notice has been given as is directed in the preceding 
section of this act. 


Notice of 
contest of 
election of 
legislator or 
congressman. 


Who may 
take 

testimony 
and issue 
subpoenas for 
witnesses. 


Time and 
place to be 
fixed for 
examining 
witnesses. 



84 


ELECTIOIS^S. 


Notice of 
time and 
piace for 
examination 
to be given. 


Depositions, 
how taken. 


Depositions, 
how disposed 
of. 


Penaity for 
not obeying 
subpoena. 


155. lYlien such time and place shall have been ap¬ 
pointed, the person who shall have made such applica¬ 
tion shall forthwith give at least eight days’ notice of 
such time and place, and of the name of the officer who 
is to take the testimony, to the opposite party; wffiich 
notice shall be in writing, and shall contain the name 
or names of the witness or witnesses intended to be 
examined, and shall be given in the same manner as the 
notice of contest of such election hereinbefore mentioned 
is directed to be given. 

156. At the time and place which shall have been 
so appointed, the officer appointing them shall attend 
and take the deposition or depositions of such person or 
persons as shall appear before him; which deposition or 
depositions shall be taken in writing, and shall be signed 
by the person or persons, respectively, who shall be 
examined; provided, that such officer shall not proceed 
to take the testimony of any person unless he shall be 
satisfied that such notice has been given, as is herein¬ 
before directed, and that he shall take the testimony 
of no other person than such as shall be mentioned in 
such notice; and that no testimony shall be taken which 
shall not relate to some ground of contest specified in the 
notice which shall have been given, as is hereinbefore 
directed. 

157. The officer who shall take any such deposition or 
depositions shall certify the same under his hand , and 
shall inclose, seal up and transmit or deliver the same, 
in case the intended contest shall relate to a seat in the 
senate, to the president of that body; in case it shall 
relate to a seat in the general assembly, then to the speaker 
of that body, and in case it shall relate to a seat in the 
house of representatives of the United States, then to 
the speaker of that body. 

158. It shall he the duty of every person upon whom 
a subpoena, issued under and by virtue of this act, shall 
have been served, and to whom the lawful fees shall 
have been paid or tendered, to obey the command of 



ELECTIONS. 


85 


such subpoena, under the penalt;p of fifty dollars, to be 
sued for and recovered, with costs, in an action of debt, 
before any court of conipetent jurisdiction, by the person 
on whose application such subpoena shall have been 
issued; 'provided, that no person shall in any case be 
required to attend any such examination as a witness 
out of the county in which he resides; and if any person 
duly subpoenaed as aforesaid shall neglect or refuse to 
obey the command of such subpoena, it shall be lawful 
for any justice of the supreme court or judge of the court 
of common pleas, on due proof by affidavit of the service 
of a subpoena on such witness', and of the pajunent of 
his legal fees, and of his refusal or neglect to obey the 
command of said subpoena as aforesaid, to issue an attach¬ 
ment against such person to bring him before said justice 
or judge; and the said justice or judge shall have power 
to proceed against said witness as for a contempt' of said 
court. 

Recount of Votes. 

159. Whenever any candidate at any election shall 
have reason to believe that an error has been made by 
any board of election or of canvassers in counting the 
vote or declaring the; result of such election, whereby 
the result of such election has' been changed, such can¬ 
didate may within ten days after such election apply 
to any justice of the supreme court, who shall be author¬ 
ized to order and cause upon such terms as he may deem 
proper a recount of the whole or such part of the votes as 
he may determine to be publicly made under his direc¬ 
tion by the county board of elections, after due notice 
to the parties interested of the time and place of such 
recount; and if it shall appear upon such recount that 
an error has been made, sufficient to change the result of 
such election, then such justice shall revoke the certificate 
of election already issued to any person, and shall issue 
in its place another certificate in favor of the party who 
shall be found to have received a majority of the votes 


Proceedings 
on attach¬ 
ment for 
contempt. 


Proceedings 
for recount 
of votes. 


If error found 
to change 
result, justice 
to revoke cer¬ 
tificate and 
issue new 
one. 



86 


ELECTIONS. 


New 

certificate to 
be filed and 
certified, 
copies made, 
&c. 


Expenses of 
recount, how 
provided for. 


cast at such election, which latter cer’tificate shall super¬ 
sede all others, and entitle the holder thereof to the same 
rights and privileges as if said certificate had been origi¬ 
nally issued by the canvassing board; said justice shall 
have powea* tO' decide all disputed questions which the 
said board shall fail to decide by a majority vote 
thereof, (a) 

IGO. Whenever any such certificate shall be issued by 
any justice of the supreme court, the same shall he filed 
with the clerk of the county or municipality in and for 
which such election was held; and such clerk shall make 
and certify, under his hand and official seal, a copy 
thereof, and shall without delay deliver such copy to the 
person who shall be so declared elected; and in case of 
an election for senator, members of the assembly or any 
county officers, the county clerk shall within five days 
thereafter transmit tO’ the secretary of state at Trenton 
another copy of such certificate, sigued by him and at¬ 
tested by his official seal. 

161. Any applicant for such recount upon applying 
therefor shall deposit with the county clerk such sum 
as such justice shall order as security for the payment 
of the expenses of such recount, or if such justice shall 
so order, shall file with the oountv clerk a bond to the 
incumhent, with two or more sureties, to be approved 
by such justice, in such sum as he may require, con¬ 
ditioned to pay all costs and expenses in case the original 
count be confirmed, or the result of such recount is nit 
sufficient to change the result; the said justice shall fix 


(a) Application was made to Justice Dixon for a recount of ballots 
cast in Passaic county for sheriff. At the time of the application John 
W. Sturr had been declared elected, and had received his commission 
from the Governor. Justice Dixon held that it was too late to order 
a recount; that the certificate of election issued by the board of election 
had been superseded by the Governor's commission, and that while, under 
the authority of the above section, a justice of the supreme court may, 
in a proper case, revoke a certificate of election, that power can be 
exercised only before the certificate of election becomes thus superseded. 
See N. J. Laio Jonmal, January, 1901, p. 411. Under the 159th section, 
reason to believe that an error sufficient to change the result of the 
election has been made, and probable grounds of such belief, are all 
that are necessary to give jurisdiction to the justice. In re Election of 
Register of Essex County, 12 X. J. Law Journal 271. 




ELECTIONS. 


87 


and determine the amonnt of compensation to be paid 
for making snch recount of the ballots, and the costs 
and expenses thereof; and if it shall appear that an 
error sufficient to change the resnlt has been made, then 
the expenses of snch recount shall be paid by the county 
or municipality in and for which such election was held, 
upon the warrant of said justice, the same as other elec¬ 
tion expenses are paid; but if no error shall appear suffi¬ 
cient to change such result, then the expenses of such re¬ 
count shall be paid by the party making the application. 


Contested Elections for County, Township, City or 
Other Municipal Offices. 


102. The several circuit courts of this state shall have 
jurisdiction to hear and determine all cases in which the 
election of any officer or officers of any county, city, bor¬ 
ough, village, township or other municipality may be 
contested, and for that purpose the said courts shall 
always be open; such contest shall be commenced by 
filing a petition therefor within thirty days after any 
such election shall be held.(u) 


Jurisdiction 
in contested 
election cases 
for county 
and 

municipal 

offices. 


(a) Section 162 giving jurisdiction to circuit courts to hear and 
determine contested elections does not repeal a city charter provision 
that the city council shall be the sole judge of the election, returns and 
qualifications of its own niembers. Henry v. Camden, 1.3 Vroom 
But see In re The Itccount of the Thirteenth Ward Votes of Newark, 
ir» New Jersey Law Journal 10. The power of revision given to circuit 
courts by this section can be exercised only with reference to the 
grounds of contest enumerated in the act. In such procedure the 
constitutionality of the law cannot be adjudged. ElUnyham v. Mount, 
14 Vroom 470. Section 162 confers upon the circuit court jurisdiction 
in cases of contested elections for city officers. MeCoy v. Boyle, 22 Vroom 
53. Justices of the peace are county officers within the meaning of this 
section. Gage v. Clark, 22 Vroom 97. The provision in section 162 
and the following sections relating to the trial before the circuit courts 
of contested election cases, is not unconstitutional. Such trials are 
conclusive only for the time being, and do not prevent a retrial on 
quo warramto. The act does not give the right to a trial by jury. 
Conger v. Convery, 23 Vroom 417, 444. As to the admission in evidence 
of the ballot-box and its contents, and the admission of the testimony 
of an expert on the workings of a ballot-box, see Convery v. Conger, 24 
Vroom 469, 658 and 663. In the petition presented under sections 162 
to 177, the particular circumstances of the case must be set forth in 
such manner as will enable the court to see that the case is within 



88 


ELECTIO'S'S. 


Grounds of 
contest. 

Fraud, &c. 


l(>o. Such election may ])e contested upon one or more 
of the following gronnds, viz.: 

I. Malcondnct, fraud or corruption on the part of the 
members of the board of election in any election district, 
or of any member of the board of countv canvassers, 
sufficient to change the result; 


the statute and will enable the incumbent properiy to prepare for his 
defence. It is not enough to show that illegal votes were received in 
greater number than the plurality returned for the incumbent; there 
must also be shown circumstances rendering probable, prima facie, a 
conclusion that these illegal votes were cast for the incumbent. Lehlhach 
V. Haynes, 25 Vroom 77 ; and see, also, Lippincott v. Felton, 32 Vroom 
291. A petition for a recount of an election for fraud in one district 
will not authorize the court to try the question of fraud in another 
district. If the answer sets up new matter constituting a distinct charge 
to be investigated by the court, it must be in writing, in detail, and 
under oath. The petition must be under oath and in detail, and must 
be endorsed (or signed) by fifteen electors, and duly verified. It must 
give the names of those whose votes were improperly rejected, if known, 
and if not known, such fact must be alleged. Burroughs v. Brunning, 
9 Hew Jersey Law Journal 110. There is a difference between the 
requisites of a petition under section 159 ante and section 162 above. 
Under section 159, reason to believe, and probable grounds of belief, 
are all that are necessary to give jurisdiction to the court; under 
section 162, it is only upon certain specified grounds that relief can be 
had, which grounds are set forth in section 163. In re Election of 
Begister of Essex County, 12 Hew Jersey Law Jo'urnal 271. In a con¬ 
tested election case under section 162 and the succeeding sections the 
admission by the incumbents of the facts stated generally in the petition 
is not sufficient basis for a final judgment. The affidavit annexed to the 
petition must show means of knowledge in the affiant of the facts sworn 
to, and must state particular facts and not mere belief. The dismissal 
of one petition is not a bar to the filing of other petitions by the same 
contestant. Cleary v. Kendall, 13 Heuy Jersey Law Journal 134. See, 
also, Cleary v. Kendall, 24 Vroom 130. The oath or affirmation required 
by section 166 should be made by persons cognizant of the particular 
circumstances alleged in the petition, and should attest the truth of 
those allegations. Johnson v. Allen, 26 Vroom 400. A judgment of the 
supreme court rendered on an appeal taken to the supreme court from 
the judgment of any circuit court in a contested election case, cannot 
be reviewed by the court of errors and appeals on a writ of error. 
See General Statutes, p. 1394, section 24, and O’Brien v. Benny, 29 
Vroom 189. The incumbent is not bound to file any answer to the 
contestant's petition. Lippineott v. Felton, 32 Vroom 291. The petition 
must be verified not only as to the grounds and circumstances of the 
contest, but also as to the fact that at least fifteen of the petitioners 
are qualified voters as required by the 166th section. Smith, v. Smith., 
41 Atl. Bep. 753. It is not necessary that the petition shall set forth 
the reason for rejecting ballots by the canvassers, and in the affidavit 
verifying the petition the particulars of the case need not be set forth. 
Hackett V. Mayheic, 33 Vroom 481. At an election for village trustee 
four of the ballots counted for Ira A. Kip. .Tr., read respectively, “Ira 
A. Kipp,” “I. Kip, ,7r.,” “Ira A. Kip,” and “Kipp,” and it was held that 
they were erroneously counted for Ira A. Kip. .Ir. Weeks v. Kip, 35 
Vroom 61. 



ELECTIOiv^S. 


89 


II. When the incumhent was not eligible to the office 
at the time of the election; , 

III* When the incnmhent had been duly convicted 
before such election of any ^crime which would render 
him incompetent tO' exercise the right of suffrage, and 
tlie incumbent had not been pardoned at the time of the 
election; 

IV. When the incumbent had given or offered to any 
elector or any member of a board of election, clerk or 
canvasser, any bribe or reward, in money, property or 
thing of value, for the purpose of procuring his election; 

V. When illegal votes have been received, or legal votes 
rejected at the polls sufficient to change the result; 

VI. For any error in any board of canvassers in countr 
ing the votes or declaring the result of the election, if 
such error would change the result; 

VII. For any other cause which shows that another 
was the person legally elected, (a) 

164. The term ^hncumbent’^ in this act means the per¬ 
son whom the canvassers declare elected; but in case of 
a tie vote either party may contest the election, in which 
case the term ^hncumbent’’ means the person having an 
equal number of votes with the contestant. 

165. When the misconduct complained of is on the 
part of the members of the board of election in any elec¬ 
tion district, it shall not be held sufficient to set aside the 
election, unless the rejection of the vote of such district 
would change the result as to that office. 

166. The contestant shall file a petition in writing 
signed by himself and at least fifteen qualified-electors 
of the county, township' or municipality in and for which 
such election was held, as the case may be, setting forth 
one or more of the causes specified and the particular 
circumstances of the casei, duly verified by the oaths or 
affirmations of at least two of said petitioners, which 
shall be filed with the clerk of said court, together with a 

(ft) As to the sufficiency of a petition filed under the authority of this 
clause, see Orotli v. Sclilemm, 23 New Jersey Law Journal 238. 


Ineligibility. 


Conviction 
of certain 
crimes. 


Bribery. 


Illegal 
voting, &c. 


Error in 
canvassing. 


Other causes. 


Definition of 
“incumbent.” 


Effect of 
misconduct 
of board of 
election. 


Contestant to 
file petition 
and bond. 




90 


ELECTIONS. 


Contents of 
petition. 


Time 
appointed 
for hearing. 


Trial at 
appointed 
time unless 
adjourned. 


Proceedings 
as in action 
at law. 


Attendance of 
witnesses and 
production of 
ballots, &c., 
compulsory. 


bond to the incumbent, with twO' or more sureties, to be 
approved by the justice holdyig such circuit, in the penal 
sum of five hundred dollars^ conditioned, to pay all costs 
in case the election be confirmed, or the petition be dis¬ 
missed or the prosecution fail. 

167. When the reception of illegal or the rejection of 
legal voters is alleged as a cause of contest, the names of 
the persons who so voted, or whose votes were rejected, 
with the election district where they voted, or offered 
to vote, shall be set forth in the petition, if known; 
the court shall appoint a suitable time for hearing such 
complaint, not more than thirty nor less than fifteen 
days thereafter; and the contestant shall cause a notice 
of such trial, with a copy of the contestants petition, 
to be seiwed on the incumbent at least ten days before 
the day set for trial. 

168. The trial shall proceed at the time appointed 
unless postponed for good cause shown by either party 
by affidavit, the terms of which postponement shall be 
in the discretion of the court; 'provided, the court may, 
for its own necessity or convenience, adjourn to such 
time, not more than thirty days thereafter^ as it may see 
fit, of which adjournment the parties interested shall 
take notice. 

169. The proceedings shall be similar to those in an 
action at law so far as practicable, but shall be under 
the control and direction of the court, which shall hear 
and determine the matter without a jury, with power to 
order any amendmeints in the petition or proceedings as 
to form, and to allow adjournments to any time not more 
than thirty days thereafter for the benefit of either party, 
on such terms as shall seem reasonable to the court, the 
grounds for such adjournment being shown by affidavit. 

170. The said court shall have authority and power 
to compel the attendance of any officer of such election, 
and of any other person capable of testifying concern¬ 
ing the same, and also to compel the production of all 
ballot-boxes, books, papers, tally lists, ballots and other 



ELECTIONS. 


91 


documents which may be required at such hearing; the 
style, form and manner of service of process and papers, 
and the fees of officers and witnesses, shall be the same 
as in the circuit court in other cases, as far as the nature 
of the case admits. 

171. The court may require any person called as a 
witness who voted at such election, to answer touching 
his qualification as a voter, and if the court, from his 
examination, or otherwise, is satisfied that he was not 
a qualified voter in the election district where he voted, 
then the court can compel him to answer for whom he 
voted; and if the witness answers such questions no part 
of his testimony on the trial shall be used against him 
in any criminal proceeding. 

172. The contestant and incumbent shall be liable to 
the officers and witnesses for the costs made by them, 
respectively; but if the election he confirmed, or the peti¬ 
tion dismissed, or the prosecution fail, judgment shall 
be rendered against the contestant for costs; and if the 
judgment be against the incumbent, or the election be set 
aside, then he shall pay the costs at the discretion of the 
court; and after the entry of the judgment of the court 
the costs may be collected by attachment or otherwise. 

173. The court shall pronounce judgment whether the 
incumbent or any contestant was duly elected, and the 
person so declared elected will be entitled to his cer¬ 
tificate; if the judgment be against the incumbent, and 
he has already received the certificate of election, the 
judgment shall annul it; if the court find that no person 
was duly elected, the judgment shall be that the election 
be set aside. 

174. When either the contestant or incumbent shall 
be in possession of the office, by holding over or other¬ 
wise, the court shall, if the judgment be against the 
party in possession of the office, and in favor of his 
antagonist, issue an order to carry into effect its judg¬ 
ment, which order shall be under the seal of the court, 
and shall command the sheriff of the county to put the 


Witness 
compelled to 
testify as to 
his qualifica¬ 
tion to vote, 
&c. 


Liability for 
costs. 


Judgment 
given by 
court. 


Successful 
party to be 
put into 
possession of 
oflace. 



92 


ELECTIONS’S. 


Appeal may 
be taken to 
supreme 
court. 


Appeal 
to have 
precedence 
on calendar. 


If appeal be 
aflarmed, 
judgment of 
circuit court 
to be 
enforced. 


fciiccessful party into possession of the office without de¬ 
lay, and to deliver to him all books, papers and effects 
belonging to the same. 

175. The jiarty against whom judgment is rendered 
may appeal for error of law only, within twenty days, 
to the supreme court, (u) but such appeal shall not super¬ 
sede the execution of the judgment of the court, unless 
the barty so appealing shall become bound to the other 
party by recognizance, as provided in the thirteenth sec¬ 
tion of the act entitled ^L4n act respecting writs of error” 
(Revision), approved March twenty-seventh, eighteen 
hundred and seventy-four; provided, the amount of such 
recognizance shall be fixed by the judge who presided at 
the trial, and shall be at least double the jirobable com¬ 
pensation of such officer for six months. 

176. Such appeal shall take precedence over all other 
causes upon the calendar, and shall be set do^\Ti for hear¬ 
ing, and determined uj^on the first day of the term, unless 
otherwise ordered by the court for its convenience; pro¬ 
vided, that the appellant shall give ten days’ notice of 
argument, unless the judgment of the circuit court shall 
not have been given in time to notice such appeal for trial 
on the first day of the term, in which case the same may 
be noticed for any other day in the term, and shall have 
the same precedence on such other day. ^ 

177. If, upon appeal, the judgment be affirmed, the 
judge who presided at the trial, or in his absence or 
inability to act, any justice of the supreme court, shall 
order the judgment of said circuit court to be enforced, 
if the party against whom judgment is rendered is in 
possession of the office; and the proceedings on the re¬ 
cognizance shall be as provided for in other cases in said 
supreme court. 


(a) At a township election fourteen baliots were cast, on which a 
person had written his own name as a candidate in a biank space under 
the words “Chosen Freeholder.” Held, that the question whether these 
ballots were invalid as marked ballots was one of fact for the circuit 
court, in proceedings under section 162, and that the decision of that 
court thereon could not be reviewed on appeal to Supreme Court. 
Hackett v. Maylictc, 33 Troom 481. 



ELECTIOIS^S. 


93 


Compensation of Election Officers and Expenses of 
Election. 

1Y8. Tlie compensation of each meinher of the hoards 
of registry and election for all services performed by 
them under the provisions of this act shall be as follows: 
in cities having a population exceeding thirty thousand, 
for each registry day five dollars and for each election 
day, including the counting of the votes and the delivery 
of the returns and hallot-hox with the contents to the 
municipal clerk, ten dollars; in all other cities, towns 
and other mnnicipalities the compensation for such 
member shall be as follows: for each registry day three 
dollars, and for the election day,, including the counting 
of the votes and the delivery of the returns and the ballot- 
box, seven dollars; and for all such services in connec¬ 
tion with the general election or any special election held 
in and for the whole county, such compensation shall 
be fifteen dollars in districts where the number of 
registered voters is not more than one hundred and fifty, 
twenty dollars in districts where the number of regis¬ 
tered voters is more than one hundred and fifty and not 
more than three hundred, and twenty-five dollars in 
districts where the number of registered voters is; more 
than three hundred, the said sum to be paid by the county 
collector; provided, however, that whenever the regis¬ 
tration of voters for any local or charter election shall 
be held at the same time, in the same place and by the 
same board of registration and election as that for any 
general or special election in and for the whole county, 
and whenever any such local or charter election shall be 
held at the same time!, in the same place and by the same 
board of registration and election as that for any general 
or special election held in and for the whole county, then 
and in that case the members of the said board of regis¬ 
tration and election shall not be entitled to the compensa¬ 
tion first above provided for, but shall only be entitled to 


Compensation 
of members of 
boards of 
registry and 
election. 
[Amended, 

P. L. 1899, p. 
13; P. L. 
1901, p, 258 ; 
P. L. 1903, p. 
628, and P. L. 
1903, p. 711.] 


Paid by 
county 
collector. 




94 


ELECTIONS. 


Compensa¬ 
tion to 
county anti 
municipal 
clerks. 


Provision 
for expenses 
incurred by 
county and 
municipal 
clerks and 
other officers. 


the compensation as is provided for in connection with 
the general election or any special election in and for the 
whole county; said snin to he paid by the county col- 
lector, which is to be in lieu of all otheir fees and charges 
whatsoever. [See section 327.] 

179. For the duties and services imposed upon and 
required of them by this act, the county clerks of the 
several counties and the clerks of the different cities, 
townships and other municipalities, shall be paid out of 
the county funds of their respective counties^, or the funds 
of their respective municipalities, as the case may be, 
a fair and reasonable compensation, to be ascertained 
and determined, in the cases of the county clerks, by the 
boards of chosen freeholders of their respective counties, 
and in case of said municipal clerks, by the governing 
bodies of their respective cities, townships or munici¬ 
palities. 

180. All costs, charges and expenses incurredj by the 
county and municipal clerks in carrying out the provi¬ 
sions of this act (except for ballots furnished to indi¬ 
viduals as hereinbefore provided), including the charges 
and expenses incurred for rooms for polling places and 
fitting up and arranging the same, the compensation of 
the district boards of registry and election and all other 
expenses incurred by any officer or person duly author¬ 
ized in carrying out the provisions of this act, shall be 
regarded as election expenses, and shall be paid, in the 
case of the general election or any special election held 
in and for the whole county, by the respective counties, 
and in case of all other elections by the respective munici¬ 
palities in and for which they are held, in the same man¬ 
ner as other county and municipal expenses are paid; 
but all bills before being paid shall be itemized and veri¬ 
fied by the oath of the claimant, and audited and ap¬ 
proved by the clerk of the county, township, city or 
municipality who contracted the bill charged for; 'pro¬ 
vided, that nothing herein contained shall be construed ‘ 
as permitting compensation to any election agent or 



ELECTIONS. 


95 


challenger; and the board of freeholders in each county 
shall include in their animal tax levy a sum sufficient 
to pay all the election expenses, and a reasonable com¬ 
pensation for the services of the county board of elec¬ 
tions, the amount of which shall be determined by the 
board of chosen freeholders; provided, also, that the 
member of said county board of elections who shall be 
the secretary thereof, may receive an additional compen¬ 
sation not exceeding one-third of the compensation of the 
individual members of said board, except in counties of 
the first class, where there shall be a clerk of said board 
who shall receive such compensation as shall be fixed by 
said board of freeholders. 


Congressional Districts. 


181. [This section is wholly superseded by P. L. 1901, 
p. 94, contained in section 252 post.'] 

182. Each of said districts shall elect one person to Election of 

. , 1 ^ c ^ representa- 

represent this state m the house of representatives of the fives. 
United States, which election shall be held on the Tues¬ 
day next after the first Monday in November, in the year 
one thousand eight hundred and ninety-eight, and on the 
Tuesday next after the first Monday in November in 
each second year thereafter. 


Miscellaneous. 


183. No person shall be elected a member of the house Qualifications 

. , n ^ A ' representa- 

of representatives, or an elector of president and vice 
president, who shall hold any office of trust or profit electors, 
under the United States; and no person shall be elected 
to the office of such elector who shall hold the office of 
senator or member of the house of representatives of the 
Lmited States. 



96 


ELECTIO^^S. 


What offices 
are incom¬ 
patible. 


Who are 
Intended by 
“legal voters” 
in questions 
submitted for 
decision. 


184. 'No person shall hold at the same time more than 
one of the following offices: Elector of president and 
vice president of the United States, member of the house 
of representatives of the United States, member of the 
senate or of the general assembly of this state, county 
clerk, register, surrogate, sheriff or coroner; and if any 
person who shall have been elected or appointed to any 
such office shall, during the term for which he shall have 
been elected or appointed, he elected or appointed to 
another of such offices, and shall accept the same, such 
acceptance shall be deemed to make vacant the office to 
which he shall have been previously elected or appointed; 
and if any person shall, at any election, be elected to two 
or more of such offices, he shall accept but one of the same, 
and the other or others shall he deemed vacant. 

185. When by the provisions of any statute the deci¬ 
sion of any question has been or shall be submitted to 
the decision of a majority of the legal voters of this 
state or of any subdivision thereof; or when the ap¬ 
proval of a majority of the legal voters of this state or 
of any subdivision thereof is required in any statute 
before such statute takes effect or before any prescribed 
action or proceeding under such statute shall be valid 
and lawful, it is hereby declared that the intent and 
meaning in any such statute of the words ^degal voters’’ 
are persons entitled to vote, and who do vote, at the time 
and in the manner prescribed in and by such statute upon 
the question or proposition submitted; and that for the 
purpose of ascertaining what is a majority of the legal 
voters of any district defined in such statute, upon the 
proposition therein directed to he submitted, the persons 
who do not vote at such election shall not be estimated* 
counted or considered for the purpose of ascertaining 
what is a majority of the legal voters in such district, 
with respect to the proposition submitted; such votes 
shall he estimated and canvassed, and the result thereof 
determined by the several hoards of election and boards 
of canvassers in the same manner as the results of other 
elections are estimated, canvassed and determined. 



ELECTIONS. 


97 


186. The board of election in each election' district, 
the hoard of county canvassers in each county, and the 
board of state canvassers shall, respectively, possess full 
power and authority to maintain regularity and order, 
and to enforce obedience to their lawful commands dur¬ 
ing their sessions respectively; and if any person shall 
refuse to obey the lawful command of any such board, 
or by disorderly conduct in their hearing or presence 
shall interrupt or disturb their proceedings, they may 
by an order in writing, signed by the chairman and at¬ 
tested by the clerk of such board, commit the person so 
offending to the common jail of the county in which thev 
shall have met, for a period not exceeding three days, and 
such order shall be executed by any sheriff or constable 
to whom the same shall be delivered; or if a sheriff or 
constable shall not be present or shall refuse to act, by 
any other person who shall be deputed by such board in 
writing, and the keeper of such jail shall receive the 
person so committed, and safely keep him for such time 
as shall be mentioned in the commitment. 

187. No person shall make, lay or deposit any bet, 
wager or stake, to be decided by the result of any elec¬ 
tion, by the election or defeat of one or more persons at 
any election, or by any contingency connected with or 
growing out of any election; and all contracts for or on 
account of any money, property or thing in action so bet, 
wagered or staked shall be void; and any person who 
shall pay, deliver or deposit any money, property or thing 
in action upon the event of any bet, wager or stake pro¬ 
hibited by this section, may sue for and recover the same 
of the winner or winners, or person or persons, to whom 
the same, or any part thereof, shall have been paid or de¬ 
livered, or with whom the same, or any part thereof, 
shall have been deposited, whether he or they shall have 
been a stakeholder or stakeholders, or other person or 
persons, whether or not the same shall have been paid over 
])y such stakeholder, or whether or not such bet, wager or 
stake shall have been lost. 


Police power 
of state, 
county and 
district 
boards. 


Betting, «S:C., 
unlawful. 


7 



ELECTIO^s^S. 


98 


Crimes and Penalties. 


Penalty 
for false 
swearing. 


Illegal 
actions of 
county clerk 
and secretary 
of state, how 
punished. 


188. If any person shall be guilty of willful and cor¬ 
rupt false swearing or affirming, or by any means shall 
willfully and corruptly suborn or jDrocure any person to 
swear or affirm falsely, in taking any oath, affirmation 
or deposition prescribed or authorized by this act, be 
shall be deemed and taken to be guilty of a high misde¬ 
meanor, and, on conviction thereof, shall be punished 
by a fine not exceeding eight hundred dollars or impris¬ 
onment at hard labor not exceeding seven years, or both, 
at the discretion of the court, and be deemed and taken 
to be an incompetent witness thereafter for any purpose 
within this state, until such time as he shall have been 
pardoned. 

189. If the clerk of any county shall willfully and 
corruptly suppress, destroy, mutilate, change or alter any 
statement or certificate of the result of any election, or 
any copy thereof, made in pursuance of this act, which 
shall have been delivered to or received by him, or omit 
or refuse to produce and lay the same before the board 
of county canvassers, or if the chairman or clerk of any 
such board shall willfully and knowingly certify, sign 
or attest any false or untrue statement of the result of any 
election, or any false or untrue statement of the deter¬ 
mination of any such board, or of the certificate thereto, 
or shall willfully and corruptly refuse or omit to certify, 
sign or attest any such certificate which he is by this act 
required to certify, sign or attest, or if any secretary of 
state or clerk of the board of state canvassers shall will¬ 
fully and knowingly certify, sign or attest any false or 
untrue statement of the result of any election, or any 
false or untrue statement of the determination of any 
such board, or of the certificate thereto, or shall will¬ 
fully and corruptly suppress, destroy, mutilate, change 
or alter any statement or certificate of the result of any 
election, or any copy thereof, made in pursuance of this 
act, which shall have been delivered to or received by 



ELECTIONS. 


99 


Iiiin, or omit or refuse to produce and lay the same before 
the board of state canvassers, every such person so offend¬ 
ing, his aiders, procurers or abettors, shall be deemed 
and taken to be guilty of a misdemeanor, and on convic¬ 
tion thereof shall be punished by a fine not exceeding 
one thousand dollars, or l>y imprisonment at hard labor 
.for any term not exceeding seven years, or both. 

190. If any person shall rob or plunder any ballot-box, 
or unlawfully and by stealth or violence take the same or 
remove therefrom any ballot, envelope or other paper, 
or exchange, alter or destroy any ballot or envelope or 
other paper contained therein, or if any person other than 
the clerk of any county or the secretary of state, shall 
wdllfully and corruptly suppress, withhold, multilate, de¬ 
stroy, alter or change any return, statement or certifi¬ 
cate, or any copy thereof, which shall have been made 
in pursuance of this act, and delivered to him to be filed, 
or which shall have been entrusted or delivered to him 
to be delivered or transmitted to any other person or per¬ 
sons in pursuance of this act, every such person, his aid¬ 
ers, procurers and abettors, shall be deemed and taken to 
be guilty of a misdemeanor, and on conviction thereof 
shall be punished by a fine not exceeding five hundred 
dollars, or by imprisonment at hard labor for any term 
not exceeding two years, or both. 

191. If any member of any district board of registry 
and election shall at any election knowingly and will¬ 
fully receive, or assent to receive, the vote of any person 
wdio is not by law entitled and qualified to vote at such 
election, or shall willfully and designedly make or sign 
any false or untrue statement or certificate of the result 
of any such election, or suppress, destroy, withhold, mu¬ 
tilate, change or alter any such statement or certificate, 
or any copy thereof made in pursuance of this act, or shall 
knowingly and wdllfully make any false or untrue entry 
in any ])oll-book, or shall, in canvassing and estimating 
the votes received at any such election, willfully and cor; 
ruptly write any figure or mark opposite the name of any 


Penalty for 
robbing 
ballot-boxes, 
&c. 


Penalty for 
unlawful acts 
by members 
of district 
boards. 




100 


ELECTIONS. 


Penalty for 
selling liquor 
on election 
day. 


Penaity for 
having liquor 
in polling 
place. 


Duty of peace 
officers re¬ 
garding sale 
of liquor on 
election day. 


person voted for at such election, or refuse or omit to 
writ© any such figure or mark when he is by this act 
required so to do, or shall corruptly and without 
sufficient excuse omit or refuse to deliver or transmit to 
the clerk of such county, within the time by this act pre¬ 
scribed, the statement of the result of any such election, 
which shall have been delivered to him to be delivered or. 
transmitted to such clerk, every person so offending, his 
aiders, procurers, and abettors, shall be deemed and taken 
to be gnilty of a misdemeanor, and on conviction thereof 
shall be punished by a fine not exceeding five hundred 
dollars, or imprisonment at hard labor for any term not 
exceeding two years, or both. 

192. In addition to the penalties provided by law for 
the unlawful sale or offer to sell or exposure for sale 
of any spirituous, vinous, malt or intoxicating liquors 
on any election day, every person so offending, for every 
offense, shall forfeit and pay the sum of one hundred 
dollars, to be sued for and recovered in an action of debt 
in any court having jurisdiction of that amount, by any 
citizen of this state, resident in the county where such 
offense shall be committed, one-half of which penalty 
shall, when collected, be paid to the county collector of 
said county where said offense is committed for the 
benefit of said county, and the other half to the person 
who shall prosecute for the same. 

193. Spirituous, vinous, malt or intoxicating liquors 
shall not be brought by any person into the polling place 
on the day of election, or on any day of registry during 
the hours that the election or registration is in progress,, 
nor during tlie counting or canvassing of the votes; any 
violation of the provisions of this section shall be a mis¬ 
demeanor, punishable by a fine not exceeding one hun¬ 
dred dollars or imprisonment not exceeding two months, 
or both. 

It shall be the duty of all sheriffs, under-sheriffs, 
police officers and constables, on any election day, during ■ 
the hours of election, to arrest without warrant all per¬ 
sons who shall be found by them in the actual violation 







ELECTIONS. 


101 


of any law prohibiting the sale, or offer to sell or ex¬ 
posure for sale, of any spirituous, vinous, malt or intoxi¬ 
cating liquors on any election clay, and take such person 
when arrested before some recorder, police justice or 
justice of tlie peace of the county in which such arrest 
shall be made, to be dealt with by him according to law; 
and it shall be the further duty of such sheriffs, under¬ 
sheriffs, police officers and constables, to effectually close 
up all places where they shall have good reason to believe 
any spirituous, vinous or malt liquors, ale, beer or cider, 
are being sold or offered or exposed for sale or given 
away, and keep the same effectually closed up till after 
such election. 

195. No person shall falsely make, or make oath to, 
or fraudulently deface or fraudulently destroy any cer¬ 
tificate of nomination or petition, or any part thereof^ 
or file, or receive for filing, any certificate of nomination 
or petition, knowing the same or any part thereof to be 
falsely made, or suppress any certificate of nomination 
or petition which has been duly filed, or any part thereof, 
or forge or falsely make the official indorsement of any 
ballot or official envelope; every person violating any of 
the provisions of this section shall he deemed guilty of 
a misdemeanor, and upon conviction thereof shall be pun¬ 
ished by imprisonment for not more than five years. 

196. No person shall, during the election, with intent 
to hinder or delay said election, or to hinder or delay 
any voter in the preparation of his ballot, remove or 
destroy any of the ballots or pencils placed in the booths 
or compartments for the purpose of enabling the voter 
to prepare his ballot, nor on any pretext carry any 
official envelope from the polling-room during the elec¬ 
tion; any person willfully violating any of the provi¬ 
sions of this section shall he deemed guilty of a misde¬ 
meanor, and on conviction thereof shall be punished by 
fine not exceeding five hundred dollars and imprison¬ 
ment until such fine and the costs of the conviction are 
paid. 


Penalty for 
destroying 
certificate of 
nomination, 
&c. 


Penalty for 
hindering 
voters, 
destroying 
ballots, &c. 



102 


ELECTIONS. 


Penalty for 
neglect of 
duty by any 
officer. 


Penalty upon 
voter for 
revealing 
contents of 
his ballot. 


For not using 
official ballots 
or envelopes. 


For marking 
ballot or 
envelope by 
voter. 


197. Every public officer upon whom any duty is im¬ 
posed by this act who willfully or negligently violates 
his said duty, or who neglects or willfully omits to per¬ 
form the same, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be punished by im¬ 
prisonment for a term of not more than three years, or 
l)y a fine of not more than three thousand dollars, or 
both such fine and imprisonment; any person charged 
with the care of official ballots or envelopes under this 
act, who shall willfully destroy them or either of them, 
shall be gifilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment in state prison 
for not more than five years; any person who has under¬ 
taken to deliver official ballots and envelopes to the clerk 
of any city, township or municipality, and willfully or 
uegligently neglects or refuses so to do, shall b^ guilty 
of a misdemeanor, and upon conviction thereof shall be 
punished by imprisonment in the county jail for not more 
than one year. 

198. No person shall, within the polling-room, show 
his ballot after it is prepared for voting to any person 
in such a way as to reveal the contents, nor shall any 
person wfithin the polling place or within a hundred feet 
thereof solicit the voter to show the same; no voter, at 
any election where official ballots are used, shall know¬ 
ingly vote or offer to vote any ballot except an official 
ballot inclosed in an official envelope, as by this act re¬ 
quired, nor shall any voter at any election where official 
ballots are not used, vote or offer to vote any ballot ex¬ 
cept the same be inclosed in an official envelope; any pe r¬ 
son violating any of the foregoing provisions of this sec¬ 
tion shall incur a penalty of twenty-five dollars for eacli 
offense, to be recovered by action of tort, before any court 
of competent jurisdiction, by any person who bona fide 
shall first ‘bring suit therefor; no voter shall place or per¬ 
mit to be placed any mark upon the face or back of his bal¬ 
lot or official envelope by wdiich the ballot or envelope may 
afterwards be identified by any other person as the one 



ELECTIONS. 


103 


voted bv him; whoever shall violate this last-mentioned 
provision of this section shall he deemed gnilty of a mis¬ 
demeanor, and on conviction shall he punished hy a fine 
not exceeding five hnndred dollars, or imprisonment not 
exceeding one year, or both, at the discretion of the court. 

199. If any printer employed by any county or mu¬ 
nicipal clerk to print the official ballots and envelopes, 
or either or any of them, for such clerk, or any person 
engaged in printing the same, shall appropriate to him¬ 
self or give or deliver or knowingly permit to be taken 
any of said ballots or envelopes by any other person than 
such county or municipal clerk or his duly authorized 
agent, or shall print or cause to be printed any official 
ballot or envelope in any other form than that prescribed 
by such county or. municipal clerk, or with any other 
names thereon, or with the names spelled or the names 
or printing thereon arranged in any other way than that 
authorized and directed by this act, such person so offend¬ 
ing shall be gniilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding one thou¬ 
sand dollars or imprisonment not exceeding five years,- 
at the discretion of the court. 

200. If any person shall write, paste or otherwise 
place upon any official ballot or envelope any mark, sign 
or device of any kind as a distinguishing mark whereby 
to indicate to any member of any election board or other 
person how any voter has voted at any election, or if any 
person shall induce or attempt to- induce any voter to 
write, paste or otherwise place on his ballot or envelope 
any mark, sign or device of any kind, as a distinguishing 
mark by which to indicate to any member of any election 
board or other person how such voter has voted, or shall 
enter into or attempt to form any agreement or conspiracy 
with any other person to induce or attempt to induce 
voters or any voter to so place any distinguishing mark, 
sign or device on his ballot or envelope, whether or not 
said act be committed or attempted to be committed, such 
person or persons so offending shall be guilty of a mis- 


Penalty for 
violation of 
duty by 
printer. 


Penalty for 
marking 
ballots or 
envelopes.- 



104 


ELECTIONS. 


Penalty if 
member of 
board reveals 
how any 
person has 
voted. 


Penalty for 
inducing 
person to 
vote or 
refrain from 
registering 
by promise 
of reward. 


Penalty for 
promise of 
employment. 
«&c., to a 
voter. 


demeanor, and being tliereof convicted, shall be punished 
by fine not exceeding five hundred dollars or imprison¬ 
ment not exceeding one year, or both, at the discretion of 
the court. 

201. If any member of any board of election have 
knowledge how any person has voted and shall reveal 
such knowledge to any other person, or shall fraudulently 
or corruptly disclose what other candidates were voted 
for on any ballot bearing a name not printed thereon, or 
fraudulently or corruptly give any information con¬ 
cerning the appearance of any ballot or envelope voted, 
such person so offending shall be guilty of a misdemeanor, 
and, on conviction thereof, shall be punished by a fine not 
exceeding two thousand dollars or imprisonment not ex¬ 
ceeding five years. 

202. If any person shall, directly or indirectly, by 
himself or by any other person in his behalf, give, lend 
or agree to give or lend, or shall offer, promise or promise 
to procure, or endeavor to procure, any money or other 
valuable consideration or thing to or for any voter, or to 
or for any person, in order to induce any voter to vote 
or refrain from registering for any election, or shall 
corruptly do or commit any of the acts in this section 
mentioned on account of any such voter having voted or 
refrained from voting at an election, or registered or 
refrained from registering at an election, such person so 
offending shall be guilty of a misdemeanor, and, on con¬ 
viction thereof, shall be punished by fine and imprison¬ 
ment, or both, at the discretion of the court, the fine not 
to exceed two thousand dollars, and the imprisonment not 
to exceed five years. 

203. Any person who shall directly or indirectly, by 
himself or by any othgr person in his behalf, give or 
procure, or agree to give or procure or offer or promise 
to procure, or endeavor to procure any office, place or 
employment to or for any voter, or to or for any person 
on behalf of such voter, or to or for any other person, 
in order to induce such voter to vote or refrain from 



ELECTIOXS. 


105 


A^otiiig, or to register or refrain from registering, or shall 
corruptly do any act as aforesaid on account of any voter 
having voted or refrained from voting, or having regis¬ 
tered or refrained from registering for any election, shall 
he guilty of a misdemeanor, and being thereof convicted, 
shall be punished by fine not exceeding two thousand dol¬ 
lars, or imprisonment not exceeding five years, at the 
discretion of the court. 

204. Any person who shall give, advance or pay, or 
cause to be given, advanced or paid, any money or other 
valuable thing to any other person, or to the use of any 
other person, with the intent that such money or other 
valuable thing, or anj^ part thereof, shall be expended or 
used for bribery of voters, or for any other unlawful pur- 
])Ose at any election, or who shall knowingly pay, or cause 
to be paid, any money to any person wholly or in part 
expended in bribery of voters at any election, shall be 
guilty of a misdemeanor, and, on conviction thereof, shall 
])ay such fine, not exceeding two thousand dollars, or 
undergo such imprisonment, not exceeding ten years, as 
the court in its discretion may impose. 

205. Any voter who shall directly or indirectly, by 
himself, or by any other person on his behalf, receive, 
agree or contract for any money, gift, loan or valuable 
consideration, office, place or employment for himself or 
for any other j)erson for voting or agreeing to vote, or 
for refraining or ag^'i^eeing to refrain from voting at any 
c-lection, or for registering or agreeing to register, or for 
refraining or for agreeing to refrain from registering for 
any election, shall be guilty of a misdemeanor, and being 
thereof convicted, shall be punished by fine not exceeding 
one thousand dollars, or imprisonment for not longer 
than one year, at the discretion of the court. 

206. Any employer of any workmen, or any agent, 
superintendent or overseer of any company or corporation 
emjoloying workmen, or any person whosoever, who shall 
directly or indirectly, by himself or by any other person 
in his behalf or by his direction, make use of or threaten 


Penalty for 
giving or 
causing to be 
given any 
valuable 
thing as a 
bribe. 


Penalty for 
agreeing to 
receive 
money, em¬ 
ployment, &c. 


Penalty for 
influencing 
an employe 
by threat, &c. 



lOG 


ELECTIOXS. 


Penalty for 
obstructing 
polling place. 


Penalty for 
unlawful 
printing of 
ballots. 


to make use of any force, violence or restraint, or inflict 
or threaten to inflict by himself or by any other person 
any injury, damage, harm, or loss against any person or 
persons in his employ, in order to induce or compel such 
employe or employes to vote or refrain from voting for 
any particular candidate or candidates at any election, 
or on account of such employe or employes having voted 
or refrained from voting for any particular candidate 
or candidates at any election, or who shall, by any sort 
of duress, constraint or improper influence or by any 
fraudulent or improper device, contrivance or scheme, 
impede, hinder or prevent the free exercise of the fran¬ 
chise of any voter at any election, or shall thereby com¬ 
pel, induce or prevail upon any voter to vote for or against 
any particular candidate or candidates at any election, 
shall be guilty of a misdemeanor, and, being thereof con¬ 
victed, shall be punished by a flne not exceeding two thou¬ 
sand dollars, or imprisonment not exceeding flve years, 
or both, at the discretion of the court before which con¬ 
viction is had. 

207. If any person shall on election day obstruct the 
entrance to any polling place, or shall obstruct or inter¬ 
fere with any voter, or do any electioneering within any 
polling place, or publicly within one hundred feet of any 
polling place, he shall be deeined guilty of a misdemeanor, 
and, upon conviction thereof, shall be punislied by a flne 
not exceeding flfty dollars. 

208. Any person not authorized by the proper officers 
who shall print or make any envelope of a like character 
and with the names and words contained on the official 
envelope provided for in this act, or any person who 
shall on or prior to election day have in his possession 
an official envelope or an envelope made in imitation 
1 hereof, without being such person as is authorized by 
this act to have charge or possession thereof, shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment not exceed¬ 
ing one year. 



ELECTIONS. 


107 


209. Any person who shall remove, destroy or muti¬ 
late any registry list or copy thereof, or who shall before 
such election closes, remove,, destroy or mutilate any 
list of voters posted in accordance with this act, shall 
he guilty of a misdemeanor, and shall be punished, on 
conviction thereof, by a fine of not more than one thou¬ 
sand dollars or imprisonment for not more than two 
years. 

210. Any person wEo solicits from a candidate for 
any elective office any money or other property, or who 
seeks to induce such candidate to purchase any ticket, 
card or other evidence of admission to any ball, picnic, 
fair or entertainment of any kind, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be pun¬ 
ished by a fine not exceeding one hundred dollars or by 
imprisonment for a period not exceeding six months, 
or both; provided, however, this act shall not apply to 
a request for a contribution by an authorized represen¬ 
tative of the political party, organization or association 
of which such candidate is a member or by which he is 
nominated. 

211. If proof be made before any justice of the peace, 
recorder or police justice of facts constituting probable 
cause for believing that this act has been violated, and 
that any person or persons have knowledge of the cir¬ 
cumstances connected thereiwith, it shall be the duty of 
said justice or recorder to issue process of subpoena for 
the appearance of such person or persons other than the 
accused before him, to be examined touching the same; 
provided, that the lawful expenses of such subpoena 
and examination shall be paid by the applicant therefor, 
and such evidence shall be filed with the clerk of the 
county, to be used before the grand jury; and provided 
further, that no such process of subpoena shall be issued 
or served nor any such examination held, on the day of 
election. 

212. In addition to the penalties provided for viola¬ 
tions of any of the provisions of this act, the court 


Penalty for 
removing 
registry list, 
&c. 


Penalty for 
soliciting 
money, &c., 
from 

candidates. 


Investigation 
of probable 
cause that 
this act has 
been violated. 


Disfranchise¬ 
ment may be 
imposed as a 
penalty. 




108 


ELECTIONS. 


On trial 
of any 
indictment 
witness must 
answer 
questions 
deemed 
proper by 
the court. 


imposing siicli penalties may add thereto that such 
offender be thenceforth disfranchised as a voter and 
disqualified to hold any office of trust or profit within 
tliis state for such length of time as such court may 
deem proper ; provided, nevertheless, that nothing in 
this act contained shall be held or construed to in any¬ 
wise absolve or relieve any person or persons from any 
liability^ penalty, prosecution, indictment or punish¬ 
ment, for or on account of any violation of any law in 
force at the time of the passage of this act. 

213. On the trial of any indictment against any per¬ 
son or persons for violation of any of the provisions of 
this act, all witnesses sworn on any such trial shall truly 
answer all questions put to them which the court shall 
decide to be proper and pertinent to the issue involved; 
and no witness shall be excused from answering any 
such question on the ground that to answer the same 
might or would incriminate him, or might or would 
tend to incriminate him; hut no answer or answers made 
by any witness to any such question shall be used or 
admitted in evidence in any proceeding against said 
witness, except in case of a criminal proceeding for 
perjury in respect to his answers to such questions. 


Primary Meetings. 


Who may 
vote at 
primary 
elections. 


Penalty for 
false voting 
at primary. 


214. No person not at the time entitled to vote, by the 
laws of this state, at the s^ieeial, general and local elec- 
t'jons held in this state, shall vote at any primary meet¬ 
ing or caucus called, or held-by any political party or 
political organization of this state for the nomination 
or selection of persons to be voted for at any such elec¬ 
tions, nor shall such person vote unless he is a legal 
resident of the political division in and for which such 
primary meeting or caucus is held. 

215. If any person not entitled to vote as aforesaid 
shall vote or offer to vote at any such primary meeting 



ELECTIOXS. 


109 


or caucus knowing or having reason to believe himself 
not entitled to vote as aforesaid, or if any person or 
persons shall counsel or procure anyone to vote as afore¬ 
said, knowing or having reason to believe such voter not 
entitled so to vote, or if any person having voted at any 
primary meeting held by any political party or organ¬ 
ization to nominate candidates or to elect delegates to 
nominate candidates, to be voted for at any election, shall 
vote or offer to vote at the primary meeting held by any 
other political party or organization held to nominate 
candidates or to elect delegates to nominate candidates 
to be voted for at the same election, such person or 
persons shall be deemed to be guilty of a misdemeanor, 
and on conviction thereof shall for each offense be pun¬ 
ished by imprisonment at hard labor for a term of not 
more than three months, or by a fine of not more than one 
hundred dollars, or both, at the option of the court. 

216. [This section is repealed by section 238 posL~\ 

217. If any judge, inspector, clerk or other officer of 
a primary election as aforesaid shall presume to act in 
such a capacity before taking and subscribing to the oath 
or affirmation required by this act, or shall willfully dis¬ 
regard or violate the provisions of any rule duly made 
by the party of which he is a member, and for whom he 
is acting, for the government of the primary elections of 
the party, or if any judge or inspector of any primary 
election as aforesaid shall knowingly reject the vote of 
any person entitled to vote under the rules of the said 
party, or shall knowingly receive the vote of any person 
or persons not qualified as aforesaid, or if any judge, 
inspector, clerk or any other officer of a primary election, 
as aforesaid, shall be guilty of any willful fraud in the 
discharge of his duties, by destroying or defacing ballots, 
adding ballots to the poll, by false counting, by making 
false returns, or by any act or thing whatsoever, the per¬ 
son or persons so offending shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be punished by 
a fine not exceeding five hundred dollars, or by imprison- 


Penalty for 
fraudulent 
actions at 
primary. 




110 


ELECTIONS, 


Penalty for 
bribery, &c., 
at election o 
delegates. 


Penalty for 
bribery at 
election. 


ment not exceeding one year, or both, at the discretion 
of the court, (a) 

218. If any jierson shall, directly or indirectly, give, 
offer or promise to give any sum or sums of money or 
any valuable thing in action, victuals, drink or prefer¬ 
ment or other considerations, by way of fee, reward, gif^ 
or gratuity, or other valuable present or reward to obtain, 
procure or influence the ' oi^inion, behavior, vote or ab¬ 
staining from voting for the election of any delegate to 
any convention of any political party of this state, to 
nominate any candidate or candidates for member of the 
legislature of this state, for any member of congress of 
the United States, for electors for president and vice 
])resident of the United States, for governor of this state, 
or for any candidate for any office in any county, city, 
town, township or borough in this state; of if any person 
being a delegate to any political convention to nominate 
candidates for any of the offices named in this act, shall, 
directly or indirectly, ask for, accept, receive or take any 
sum or sums of money, or other valuable consideration 
by way of fee, reward, gift or gratuity, or other valuable 
consideration for the giving or refusing to give his vote 
at any such convention, all and every of such persons so 
offering, asking or receiving the same, in either case 
aforesaid, shall be deemed and taken to be guilty of 
misdemeanor, and on conviction thereof shall be punished 
by a fine or imprisonment, or both, at the discretion of 
the court; said fine not to exceed five hundred dollars, 
nor such imprisonment six months. 

219. Whoever shall, directly or indirectly, give, fur¬ 
nish, supply, offer or promise, or procure to be given, 
furnished, supplied, offered or promised, to any person 
or persons, any money, service, preferment or valuable 
thing with the intent that such money or valuable thing, 
or any other money, service, preferment or valuable thing 

(a) This section does not apply to primaries for the selection of 
delegates to conventions to nominate candidates, but only to primaries 
held for the purpose of nominating candidates for state, city and county 
officers. Woodruff v. State, 25 N. J. L. J. 316. 



ELECTIONS. 


Ill 


shall he given, ofiered, promised or used, hy any person 
or persons, by way of fee, reward, gift or gratuity, for 
giving or refusing to give any vote or votes of any citizen 
of this state, at any election of any public officer, state, 
county or municipal, to be held therein, or of any mem¬ 
ber of congress of the United States, of electors for pres¬ 
ident and vice president of the United States, or at any 
election of any delegate or delegates to any political con¬ 
vention to be held for the nomination of any of the officers 
aforesaid, or by way of gift, gratuity or reward, for 
giving or withholding the vote or votes of any delegate or 
delegates at any such conventions, shall be gnilty of a 
misdemeanor, and upon conviction thereof shall be pun¬ 
ished by a fine or imprisonment, or both; such fine not 
to eKceed the sum of ten thousand dollars, and such im¬ 
prisonment not to exceed the term of one year. 


Of Elections by Soldiers and Sailors Absent from the 
State in Time of War. 

220. Whenever in time of war any of the qualified 
electors of this state shall be in the actual military ser¬ 
vice of this state, or of the United States, in the army 
or navy thereof, by the authority of this state, or under 
a requisition from the president of the United States, 
and as such shall be absent from the election districts 
in which they reside, on the days appointed by law for 
holding any general, special or local election within this 
state, or within any congressional district, county, city, 
borough, town, township or municipality therein, such 
electors shall be entitled, at such times, to exercise the 
right of suffrage in their several districts in the manner 
and form hereinafter prescribed. 

221. Such absent elector shall by an instrument in 
writing, executed by him not more than sixty days pre^- 
vious to any general or special election to be held in this 
state, authorize and eim})Ower any elector of the election 
district in which the said absent elector shall reside, on 


Right of 
soldiers and 
sailors to 
vote. 


Absent 
elector to 
designate 
certain voter 
to act for 
him. 





112 


ELECTIOIS^S. 


Form of 
aflldavit. 


Ballot 
prepared 
and sent to 
designated 
voter. 


the clay of said election, to cast for him his vote or ballot^ 
in the manner prescrihed in this act, for all officers for 
whom he would have a right to vote if he were present 
at such election ; said instrument shall be signed by such 
absent elector, attested by two subscribing witnesses, and 
sworn (or affirmed) to before any field officer, captain^ 
adjutant or commander of any regiment, company, bat¬ 
talion or detachment, or of any vessel or naval station to 
Avhich the said absent elector may belong or be attached^ 
and such officers are hereby duly authorized to admin¬ 
ister oaths and affirmations for the purposes specified in 
this act, and they shall attach to their signatures their 
official designations. 

222. The said absent elector shall make and subscribe 
an affidavit in the form or of the effect following: 

A. B., do solemnly swear (or affirm) that I am a 
citizen of the. United States, that I am now of the age of 
twenty-one years, that I have been (or will have been) 
a resident of the state of Uew Jersey for one year, and 

of the county of-for five months next preceding 

the election to be held on the - day of -, 

eighteen hundred and —--, and that I am now a 

resident of the - ward of the city (or town) of 

-and that I am (or will be) in all respects quali¬ 
fied to vote in said city (or town) at said election, and 
until said election intend to be a resident thereof; and 
I do further swear that I am in the actual military service 
of the state of Eer^v Jersey (or of the United States), in 
the aimy (or navy) thereof, and that I am a member of 

company-of the-— regiment (describing the 

organization or vessel to which he belongs), now at or 

near -, in the state (or territory or countrv^) of 

-. Sworn to and subscribed before me this- 

day of --, anno domini eighteen hundred and 

_ V 

223. The said absent elector in the service as afore¬ 
said shall prepare and fold the ballot he designs to cast 
at such election, and inclose the same, together with the 
















ELECTIONS. 


113 


instrument hereinbefore described, in an envelope, duly 
sealed, having on the outside thereof, either written or 
printed, the affidavit prescribed in the last preceding sec¬ 
tion of this act, sworn to and subscribed as therein re¬ 
quired; the said envelope, prepared as aforesaid, shall 
be inclosed by him in another envelope, marked ‘^sol¬ 
dier’s (or sailor’s) vote,” sealed and directed to the elector 
empowered by the aforesaid instrument to cast the ballot 
of said absent elector, and the said absent elector may 
then transmit the same to the person to whom it is directed 
by mail or otherwise. 

224. The aforesaid instrument shall be in the words 
or of the effect following, namely: 

“I, A. B., a resident and elector of the (-ward 

of the) city (or township, or as the case may be) of 

-, in the county of -, in the state of New 

Jersey, but absent from my election district in the 
military service of the state of New Jersey (or of the 

United States) and now at -, in the state of 

-, in company -, of the —- regiment 

of -, under the command of -, do hereby 

authorize, empower and direct C. D., of the election dis¬ 
trict above mentioned, to cast for me the ballot herewith 
inclosed at the election, to be held in said election district, 

on the - day of -, anno domini eighteen 

hundred-, in the manner provided by the laws of 

the state of New Jersey.” 

225. The elector to whom such letter shall be directed 
may open the outer envelop© thereof, but he shall not 
open the inner envelope; on the day of such election, 
and between the opening and the closing of the polls 
thereof he shall deliver such inner envelope to the board 
of election of the proper election district, and at the polls 
thereof, and if the person whose name shall be signed 
to the affidavit on the outside of said envelope shall be 
determined by the said board of election to be a duly- 
qualified voter in such election district, said envelope 
shall be by the said board publicly opened, and the vote 

8 


Contents of 
instrument. 


Opening of 
envelope and 
casting of 
ballot. 















114 


ELECTIONS. 


All affidavits, 
&c., pre¬ 
served. 


Postmaster 
to take 
receipt. 


Oath made 
when 

presenting 

ballot. 


or ballot therein contained shall be duly deposited in 
the ballot-box prepared to receive the ballots of voters, 
and the name of such absent elector shall be entered 
upon the poll-list, together, with the name of the person 
delivering the ballot at the polls; no envelope contain¬ 
ing a soldier’s or sailor’s ballot shall be opened by the 
board of election unless the name of the person signing 
the affidavit on the outside of said envelope shall be found 
upon the registr)^ list of the district where such person 
claims to reside, or unless an affidavit be made and sub¬ 
scribed by a voter of the district, to the effect that he 
knows that said person whose vote is so offered is a 
resident of said district; the ballots contained in any 
such envelope which shall have been opened or unsealed 
before the same shall have been delivered to the board 
of election, shall not be deposited in the ballot-box, but 
shall be rejected. 

226. The affidavits and instruments hereinbefore de¬ 
scribed, and all envelopes marked ‘^soldier’s or sailor’s” 
votes, not opened at such elections, shall be kept and 
filed by the clerk of the election in the same manner 
and place as poll-lists of such elections are required by 
law to be filed and kept. 

227. Any person who shall be entitled to receive any 
letter or envelope marked as herein provided, before he 
shall take away the same, shall sign and deliver to the 
postmaster or his deputy or clerk, a receipt therefor, 
which receipt shall specify how many such letters or 
envelopes he has received, and otherwise, as far as may 
be specify the particulars of the description thereof; 
and any willful omission to comply with the provisions 
of this section shall be adjudged a misdemeanor, and 
any person convicted thereof shall be punished accord- 
ingly. 

228. The person to whom any soldier’s or sailor’s 
ballot shall be sent as herein provided, shall at the time 
of delivering the same to the board of election to be 
deposited in the ballot-box, also present his oath or 




ELECTIOINJ'S. 


115 


affirmation, in writing, setting forth that the ballot or 
ballots therewith presented have been received by him 
to deliver to said board of election, and that he has not 
in any manner changed, altered or opened the said bal¬ 
lot or ballots, or the inner envelopes thereof, and that he 
believes the same have not been changed, altered or 
opened by any other person. 

229. Any member of any board of election, and any 
elector to whom said ballot shall be sent, who shall 
willfully neglect or refuse to perform any of the duties 
required of him as aforesaid, or who shall in any man¬ 
ner willfully violate or abuse any trust or duty hereby 
imposed, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be punished by a fine of 
not more than one thousand dollars, or by imprisonment 
in the county jail for a period not exceeding six months, 
or both. 

230. Every person who shall deliver or present to the 
board of election under this act, any false, forged, al¬ 
tered or changed ballot, envelope or instrument of any 
such enlisted elector, provided for by this act, knowing 
the same to be so altered, forged or changed, shall be 
deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding one 
thousand dollars, or by imprisonment at hard labor for 
any period not exceeding two years, or both. 

231. Any officer of this state, or of the United States, 
or any other person, who shall directly or indirectly 
control, or attempt to control, any such enlisted elector 
as aforesaid in the exercise of any of his rights under 
this act, by menace, bribery, fear of punishment, hope 
of reward, or any other corrupt or arbitrary measure 
or resort whatever, or to annoy, injure or otherwise 
punish any such absent elector for the manner in which 
he may have exercised any such right, shall be deemed 
guilty of an offense against the government and dignity 
of this state, which shall be punished as a misdemeanor, 
and for which he may be indicted and tried at any future 


Penalty for 
failure to 
comply with 
duties 
required. 


Penalty for 
presentation 
of false 
ballot. 


Penalty for 
influencing 
enlisted voter 
by threat, &e. 



116 


ELECTIONS. 


Secretary 
of state to 
prepare 
necessary 
blanks, &c. 


Repealer. 


time when he may be found within the limits of this 
state, and upon conviction he shall be punished by a fine 
not exceeding one thousand dollars, or by imprisonment 
at hard labor not exceeding two years, or both. 

232. The secretary of state is hereby authorized and 
required to prepare and have printed, at the cost of this 
state, the necessary blank forms and envelopes required 
to carry out the provisions of this act relative to the 
voting of enlisted electors; and shall cause the affidavits 
required by this act to be printed in blank upon the 
proper envelopes to contain the instrument required by 
this act; and shall at least one month previous to any 
general, special or local election cause such blank forms 
and envelopes, and copies of those sections of this act 
relating thereto, to be forwarded to the several regi¬ 
ments from this state, in the service of this state or of 
the United States in the field, and to the several hos¬ 
pitals, posts and naval stations, in sufficient quantity to 
furnish one copy of each blank form, envelope, and of 
the sections of this act required to be printed as afore¬ 
said, to each person in actual military service of this 
state, or of the United States, in the army or navy 
thereof, from this state, and absent therefrom; 'provided, 
howev^er, that such absent electors shall have the right 
to vote as hereinabove provided without being required 
to use an official ballot or envelope. 

233. The act entitled ^‘An act to regulate elections,” 
approved April eighteenth, one thousand eight hundred 
and seventy-six, and all acts amendatory thereof and 
supplemental thereto, and all acts and parts of acts, 
general and special, inconsistent with this act, are here- 
]jy repealed, but this repealer shall not revive any act 
heretofore repealed, and this act shall take effect im¬ 
mediately; provided, that the members of any county 
board of elections and members of any district board of 
registry and election, in office, shall continue in office 
until the time or times herein provided for the com¬ 
mencement of the term of office of their successors. 




ELECTIOI^S. 


117 


A Supplement to au act entitled act to regulate 
elections’^ [Revision of 1898], approved April fourth, 
one thousand eight hundred and ninety-eight. Ap¬ 
proved April 1 ,. 1902. P. L. 1902, p. 235. 

234. Sec. 1. All the provisions of the act to which 
this act is a supplement, relating to the nomination of 
candidates and the use of official ballots and envelopes, 
shall apply to the charter, local, municipal and special 
elections in all of the towns of this state and in all 
other municipalities of this state however designated or 
governed having within their territorial limits a popu¬ 
lation of more than eight thousand inhabitants, accord¬ 
ing to the last state or federal census, in the same manner 
and to the like effect as in and by said act the same are 
made applicable to the charter, local or special elections 
in the cities of this state, anything in said act to the con¬ 
trary notwithstanding, (a) 


An Act to amend an act entitled ^^An act to regulate 
elections” [Revision of 1898], approved April fourth, 
one thousand eight hundred and ninety-eight. Ap¬ 
proved April 2, 1902. P. L. 1902, p. 257. 

235. Sec. 1. It shall be lawful for any candidate, the 
certificate of whose nomination, or petition for whose 
nomination, shall have been filed as required by the act 
entitled ^^An act to regulate elections’^ [Revision of 
1898], approved April fourth, one thousand eight hun¬ 
dred and ninety-eight, if such certificate or petition, or 
any affidavit or affidavits thereto', be defective, to cause 
such certificate or petition, and the affidavit or affidavits 
thereto, to be amended in matters of substance or of form 
as may be necessary, or such amendment or amendments 
may be made by filing a new or substitute certificate or 

(a) This act enlarges and supersedes the supplement contained in P. 
L. 1901, p. 324. See note (a) to section 85 ante. 


Official 
ballots, &c., 
required 
in local 
elections 
in towns and 
certain other 
municipali¬ 
ties. 


Correction 
of defective 
certificate or 
petition of 
nomination 
authorized. 




118 


ELECTIONS. 


petition, or affidavit or affidavits, and the same when so 
amended shall b© of the same effect as if originally filed 
in said amended form; provided, however, that every 
amendment shall be made at least five days before the 
election. 

236. Sec. 2. This act shall be liberally construed to 
protect the interest of candidates. 


First Elections in Newly Created and Newly Consoli¬ 
dated or Newly Altered Municipalities. 

An Act relating tO' newly created municipalities. Ap¬ 
proved February 24, 1898. P. L. 1898, p. 28. 

First rSections 1 and 2 have no relation to elections.] 

election in ^ 

newly-created 237. Sec. 3. On the filing with the county clerk of a 
[Amended copy of th© act of incorporation of such newly-created 

p. 395.] municipality, certified under the hand and seal of the 

secretary of state, it shall be the duty of the county board 
of ©lections of the county in wffiich such newly-created 
municipality is located, upon the application of any legal 
voter in such municipality, to prescribe and define the 
boundaries of such election districts as may in their opin¬ 
ion be necessary in said municipality and appoint a board 
of registry and election for each election district, with 
or without nominations, by the chairmen of th© county 
committees of the political parties within each county; 
provided, however, that such division into ©lection dis¬ 
tricts shall be made as far as practicable in such manner 
that no one of said districts shall contain more than six 
hundred voters, according to the last registry of voters 
made in the municipality or municipalities out of which 
the new municipality shall have been created, and that 
due regard shall be had for the geographical compactness 
of said districts and the convenience of voters; if the 
newly-created municipality shall be one that by the gen¬ 
eral laws governing it is required to be divided into wards. 



ELECTIOISrS. 


119 


110 such division into election districts shall be made 
until after the lines of such wards have been established 
and then only with due regard for such ward lines; said 
county board of election shall also appoint the time, 
place or places and determine the manner of holding the 
hrst election within the newly-created municipality for 
the election of officers therein and the time or times, place 
or places and the manner of registering the voters for 
such election; 'provided, that in determining the manner 
of holding said election and making said registration said 
hoard shall so far as practicable follow the methods pro¬ 
vided by law generally for the conduct of elections for 
officers in such municipality and the making of the regis-' 
tration therefor; and if official envelopes or official ballots 
be thought necessary the same shall be furnished by said 
county board of election and said board shall in doing so 
perform the duties imposed by law upon the clerk of such 
municipality in the furnishing of official ballots or en¬ 
velopes for the election of municipal officers in such 
municipality; the county board of election shall there¬ 
upon cause notice to be given of the boundaries of such 
election districts as may have been prescribed and defined, 
the time, place or places and object of such election and 
of the time or timeSj place or places and manner of regis¬ 
tering the voters therefor, by posting advertisements 
thereof^ signed by the chairman and secretary or clerk of 
the board, in five of the most public places within each 
election district in said newly-created municipality, and 
by publishing the same in at least one newspaper of their 
selection published in the county and circulating within 
the said municipality for such period as they shall think 
necessary; the boards of registry and election so ap¬ 
pointed shall prepare the registry and poll-list or lists for 
said first municipal election from the like lists used in 
each of the municipalities out of which the new munici¬ 
pality has been created at the last election held therein, 
and shall add thereto the names of all other qualified 



120 


ELECTIOITS. 


Territory 
annexed to 
town made 
into a ward. 


voters who shall he shown, by the affidavit in writing of 
some voter in the election district, to reside therein, whose 
names are not on said old registry or poll-list; said board 
or boards shall procure the ballot-boxes or booths or com¬ 
partments necessary for the holding of such first election, 
and in the conduct thereof and the estimate and canvass 
of the votes cast thereat, said hoard or boards shall in all 
respects possess the powers and perform the duties con¬ 
ferred and imposed by the laws of this state upon like 
boards in the conduct and holding of elections for mu¬ 
nicipal officers in such municipality, except as may he 
otherwise directed by the county board of election, and 
with the further exception that the statement of the result 
of said first election, duly certified, shall be filed in the 
office of the clerk of the county within five days after 
such election; the reasonable cost of the booths or com¬ 
partments, the preparation of registry or poll-lists, and 
the conduct and holding of said election as above pro¬ 
vided, shall be borne by the newly-created municipality; 
all of the acts and proceedings of the county board of 
election under the authority of this act shall be by reso¬ 
lution or resolutions, a copy of which, duly certified under 
their hands, shall forthwith, after the adoption of the 
same, be filed in the office of the clerk of the county in 
which the newly-created municipality is located. 

[The remaining sections have no relation to elections.] 


An Act concerning the part of the territory of any mu¬ 
nicipality annexed to any incorporated town, and pro¬ 
viding for the election of officers for such annexed 
territory as a part of the incorporated town to which 
it may be annexed. Approved April 8, 1903. P. L. 
1903, p. 521. 

237a. Sec. 1. Wlienever a part or portion of the ter¬ 
ritory of any municipality shall be annexed or consoli¬ 
dated with any incorporated town, pursuant to any special 



ELECTIONS. 


121 


law, it shall be the duty of the common council or other 
governing body of such incorporated town, forthwith, 
after such annexation or consolidation shall take eifPect, 
to provide, by resolution, for the creation therefrom of a 
new ward of such incorporated town', and in like manner 
to establish in such annexed territory one or more election 
districts,, and it shall be the duty of the pro'per mu¬ 
nicipal and election officers of such incorporated town, 
or of the county wherein such incorporated town is 
situate, to designate therein one or more polling places 
and appoint therefor proper election officers, sO' that the 
legal voters residing in the annexed territory may par¬ 
ticipate in all subsequent elections to be held in the said 
incorporated town for the election of municipal officers. 

237b. Sec. 2. Immediately after the annexation or 
consolidation of such territory with such incorporated 
town and the creation of such new ward, the common 
council or other governing body of such incorporated 
town shall, by resolution, fix a time for the holding of 
a special election in the ward newly created, and there^ 
upon the clerk of such incorporated town shall give ten 
days’ notice of such special election in the ward newly 
created, in the manner required by law for the advertise-, 
ment and notice of elections in such incorporated town; 
and he shall publish with such notice a description of 
the boundary lines of the ward of such incorporated 
town newly created. 

237c. Sec. 3. The said election shall be conducted 
under the pains and penalties and according to the pro¬ 
visions (so far as the same are applicable thereto) of an 
act entitled ^^An act to regulate elections (Envision of 
1898),” approved April fourth, one thousand eight hun¬ 
dred and ninety-eight, and the supplements thereto and 
acts amendatory thereof; 'provided, that no registration 
of voters shall be required for such election. 

237(i. Sec. 4. On the day appointed’ for such election 
there shall be elected in said ward newly created and so 


Election 
districts to be 
established. 


First special 
election, time 
and notice of. 


Such 

election, how 
conducted. 


What ofllcers 
to be elected 
and fof what 
terms. 



122 


ELECTIONS. 


Township 

oflaces 

vacated. 


annexed or consolidated with such incorporated town, 
as many members of the common council or other gov¬ 
erning body of such incorporated town, and as many 
members of the board of education of such incorporated 
town, and also one chosen freeholder and such other 
officers as the law provides to represent the wards of such 
incorporated town; the members of the common council 
or other governing body and of the board of education 
shall be elected to serve, one of each until his successor, 
shall be chosen at the next annual charter election of such 
incorporated town, another of each until his successor 
shall be chosen at the second annual charter election of 
such incorporated town to be held thereafter, and the 
third of each (if there be a third member of each), until 
his successor shall be chosen at the third annual charter 
election of such incorporated town to be held thereafter; 
and the time for which each of the members of the com¬ 
mon council or other governing body and of the board of 
education of such incorporated town is to be elected to 
serve, shall be written or printed under his name upon 
the ballot to be cast; and any ballot which shall not desig¬ 
nate such term of service shall be rejected as to such officer 
or officers. 

237e. Sec. 5. Upon the election of such officers, the 
offices held by the members of the heretofore existing 
board of township committee or other governing body of 
the municipality, from which the territory so annexed 
or consolidated with such incorporated town was taken, 
and of the board of education and former election board 
of such municipality, residing within the territory so an¬ 
nexed or consolidated, shall and the same are hereby de¬ 
clared to be forthwith vacated. 




ELECTIOlSrS. 


123 


Municipal Elections in Cities. 

An Act relative to the time of election and appointment 

and terms of office of officers elected or appointed in 

cities in this state. Approved Eebruary 28, 1901. 

P. L. 1901, p. 41. 

238. Sec. 1. Hereafter, in all cities in this state, all 
officers required to be elected therein at any municipal 
or charter election shall be voted for and elected on the 
first Tuesday after the first Monday of November in each 
year, and with the same registration and upon the same 
official ballots required by law for the election of state 
and county officers, and not otherwise; and the said bal¬ 
lots voted as aforesaid for such officers shall Ipe canvassed, 
and the result of any such election therefor shall be de¬ 
termined as now provided by law in the case of county 
officers, and certified to the clerk of such city; it being 
the intention hereby to consolidate the municipal or char¬ 
ter election in cities with the general or state election, (a.) 

239. Sec. 2. The term of office of every such elective 
officer (except justices of the peace) heretofore elected in 
any city, and holding office at the passage of this act, shall 
be and hereby is extended from the time when his term 
would otherwise expire until twelve o’clock noon of the 
first day of January next succeeding the date at Avhich 
his term of office would otherwise expire; provided, that 
this section shall not apply to any officer whose term of 
office now expires by law on the first day of January in 
any year. 

240. Sec. 3. Every officer heretofore appointed by the 
mayor in any city, or appointed or chosen by the common 
council or other governing body of any city, and holding 
office therein at the passage of this act, shall continue in 
office, and his term of office shall be and hereby is ex¬ 
tended from the time when his term would otherwise 

(a) This act is not unconstitutional. Boorum v. Connelly, 37 Vr. 197. 


Municipal 
elections in 
cities to be 
held in 
November. 


Terms of 

certain 

elective 

officers 

extended. 


Terms of 
appointive 
officers 
extended. 



124 


ELECTIOIS^S. 




When terms 
of city oflacers 
shall begin. 


V’’acancies, 
when and 
how filled. 


Powers of 
officers. 


Officers to 
continue in 
office. 


expire until twelve o’clock noon of the first day of Janu- f 
ary next succeeding the date at which his term of office I 
would otherwise expire; provided, that this section shall 
not apply to any officer whose term of office now expires 
by law on the first day of January in any year. 

241. Sec. 4. The terms of office of all officers (ex¬ 
cept justices of the peace) hereafter elected in any city 
shall commence at twelve o’clock noon on the first day 
of January next succeeding their election, and continue 
for the respective terms of years now fixed by law; and 
the terms of office of all officers hereafter appointed by 
the mayor of any city, or appointed or chosen by the 
common council or other governing body of any city, 
except to fill vacancies, shall commence on the first day 
of January of the year in which they are appointed, and 
continue for the respective terms of years now fixed ' 
by law, when said term is for a definite period; provided, 
hoiuever, that no appointment of any officer shall be 
made by the mayor of any city for a term of office to 
commence after the expiration of the term of said mayor, 
or by the common council or other governing body of anj’ 
city for a term of office to commence after the expira¬ 
tion of the term of any member of said common council 
or other governing body. 

242. Sec. 5. All vacancies in offices in any city of 
this state arising from or created by any other cause | 
than expiration of term of office, shall be filled for the 1 
unexpired term only; vacancies in elective offices shall 
liereafter be filled at the next general or state election, f 
and not otherwise. 


243. Sec. 6. The powers, duties and authority of 
every officer whose term of office is extended by this || 
act, are hereby continued in full force and effect for and 
during the period of such extension. 

244. Sec. 7. Every officer now or hereafter holding 


any office covered by the provisions of this act, except 
justices of the peace, shall continue to hold such office, 
and to exercise the duties thereof, notwithstanding the 






ELECTIOISrS. 


125 


time limited for its continuance shall have expired, until 
his successor has been chosen and qualified, unless sooner 
removed in the manner provided by law. 

245. Sec. 8. All acts and parts of acts, special or 
general, inconsistent with the provisions of this act, are 
hereby repealed. 

A Supplement to an act entitled ^^An act relative to the 
time of election and appointment and terms of office 
of officers elected or appointed in cities' of this state,’’ 
approved Eebruary twenty-eighth, one thousand nine 
hundred and one. Approved April 3, 1902. P. L. 
1902, p. 458. 

246. Sec. 1. The term of office of every elective 
I officer (except justices of the peace) holding office in 

any city at the passage of the act to which this is a 
supplement, which term, prior to the passage of said 
act, would regularly expire after the first and on or 
before the seventh day of January in any year, shall be 
and hereby is limited and abridged so- as to expire at 
twelve o’clock noon on the first day of January of the 
year in which his term of office would otherwise expire. 

247. Sec. 2. The election of all persons voted for 
i as elective officers of any city, and officially returned as 

elected after the passage of the act to which this is a 
supplement, and before the passage of this supplement, 
to succeed elective officers theretofore elected for terms 
expiring after the first and on or before the seventh 
day of January last (except justices of the peace), is 
hereby ratified and confirmed, and the terms of their 
predecessors terminated, and all persons so officially 
returned as elected shall be deemed legally elected and 
shall continue to hold office for the terms for which they 
v^ere respectively elected, or intended to be elected as 
aforesaid, and with the same force and effect as if the 
terms of their predecessors' had in fact expired on the first 
day of January last. 


Repealer. 


Terms of 

certain 

elective 

oflScers 

abridged. 


Certain 

elections 

ratified. 







126 


ELECTIOIS^S. 


Repealer. 


Apportion¬ 
ment of 
members 
of general 
assembly 
amongst the 
several 
counties. 


248. Sec. 3. All acts and parts of acts inconsistent 
lierewitli are hereby repealed, and this act shall take effect 
immediately. 


Apportionment of Members of General Assembly. 

An Act to apportion the members of the general assembly 

among the several counties of this state. Approved 

March 19, 1901. P. L. 1901, p.81. 

249. Sec. 1. Hereafter the several counties of this 
state shall be entitled to elect as members of the general 
assembly the numbers herein provided: 

The county of Atlantic shall be entitled to elect one 
member; 

The county of Bergen shall be entitled to elect two 
members; 

The county of Burlington shall be entitled to elect 
tAvo members ; 

The county of Camden shall be entitled to elect three 
members; 

The county of Cape May shall be entitled to elect one 
member; 

The county of Cumberland shall be entitled to elect 
two members; 

The county of Essex shall be entitled to elect eleven 
members; 

The county of Gloucester shall be entitled to elect one 
member; 

The county of Hudson shall be entitled to elect twelve 
members; 

The county of Hunterdon shall be entitled to elect one 
member; 

The county of Mercer shall be entitled to elect three 
members; 

The county of Middlesex shall be entitled to elect three 
members; 







ELECTIOIS^S. 


127 


The county of Monmouth shall be entitled to elect three 
members; 

The county of Morris shall be entitled to elect two 
members; 

The county of Ocean shall be entitled to elect one 
member; 

The county of Passaic shall be entitled to elect five 
members; 

The county of Salem shall be entitled to elect one 
member; 

The county of Somerset shall be entitled to elect one 
member; 

The county of Sussex shall be entitled to elect one 
member; 

The county of Union shall be entitled to elect three 
members; 

The county of Warren shall be entitled to elect one 
member. 

250. Sec. 2. In the interpretation of this act all ref- 
erences to counties shall be taken to refer to the counties 
as they exist at the time of the passage of this act. 

251. Sec. 3. All acts and parts of acts inconsistent Repealer, 
with the provisions of this act are hereby repealed. 


Congressional Districts. 

An Act to divide the state into districts for the purpose 
of electing members of the house of representatives of 
the United States, and prescribing the boundaries of 
such districts. Approved'March 19, 1901. P. L. 1901, 
p. 94. 

252. Sec. 1. Eor the purpose of electing members of 
the house of representatives of the United States to serve defined, 
in the fifty-eighth congress, and in each subsequent con¬ 
gress, this state shall be divided into ten districts, as 
follo’ws, namely: 





128 


ELECTIO^^S. 


Eirst. The counties of Camden, Gloucester and Salem 
shall constitute and be called the first district; 

Second. The counties of Cape May, Cumberland, At¬ 
lantic and Burlington shall constitute and be called the 
second district; 

Third. The counties of Middlesex, Monmouth and 
Ocean shall constitute and be called the third district; 

Fourth. The counties of Hunterdon, Somerset and 
Mercer shall constitute and be called the fourth district; 

Fifth. The counties of Union, Morris and Warren shall 
constitute and be called the fifth district; 

Sixth. The counties of Bergen, Passaic and Sussex 
shall constitute and be called the sixth district; 

Seventh. The first, fourth, sixth, seventh, eighth, 
eleventh and fifteenth wards of the city of Hewark, and 
the city of Orange, and the towns of Bloomfield, Mont¬ 
clair and West Orange, and the boroughs of Glen Bidge, 
Caldwell and Horth Caldwell, and the townships of 
Franklin, Belleville, Livingston, Verona and Caldwell, 
all in the county of Essex, shall constitute and be called 
the seventh district; 

Eighth. The second, third, fifth, ninth, tenth, twelfth, 
thirteenth and fourteenth wards of the city of Hewark, 
and the city of East Orange, and the town of Irvington, 
and the borough of Vailshurgh, and the village and town¬ 
ship of South Orange, and the townships of Clinton and 
Millburn, all in the county of Essex, shall constitute and 
be called the eighth district; 

Hinth. The city of Bayonne, the seventh, eighth, ninth, 
tenth, eleventh and twelfth wards of the city of Jersey 
City, and all the sixth ward of said city of Jersey City 
excepting that portion which lies north of the Morris 
canal and east of Summit avenue, and the towns of 
Kearney and Harrison, and the borough of East Newark, 
all in the county of Hudson, shall constitute and be called 
the ninth district; 

Tenth. The first, second, third, fourth and fifth wards 
of the city of Jersey City, and all that portion of the 








ELECTIONS. 


129 


sixth ward of said city which lies north of the Morris 
canal and east of Summit avenue, and the city of Hobo¬ 
ken, and the towns of West Hoboken, Union, West New 
York and Guttenberg, and the townships of North Ber¬ 
gen and Weehawken, and the borough of Secaucus, all in 
the county of Hudson, shall constitute and be called the 
tenth district; 

In the interpretation of this act all reference to coun¬ 
ties, cities, boroughs, townships, wards and other munici¬ 
pal divisions shall be taken to refer to such municipal 
divisions as they existed on the first day of January, 
A. D. nineteen hundred and one. 

253. Sec. 2. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 


Municipal Elections in Certain Villages. 

An Act concerning elections in certain villages. Approved 
March 22, 1901. P. L. 1901, p. 362. 

254. Sec. 1. Where any village has been, or may here¬ 
after be, set off from and composed in whole or in part 
of a portion of the original territory of any township, 
which township shall retain a separate township govern¬ 
ment, as such, including thereunder for township purposes 
the territory comprising said village, such village shall 
hold its annual election of village officers upon the same 
day upon which said township shall hold its annual elec¬ 
tion of township officers, and the term of office of all 
ofiicers so elected shall commence on the first Monday in 
May following their election. 

255. Sec. 2. All acts and parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

9 


Interpreta¬ 
tion of act. 


Repealer. 


Charter 
election in 
certain 
villages, 
when held. 


Repealer. 





130 


ELECTIOl^S. 


Voting Machines and Elections Where They are Used. 


Use of voting 

machines 

authorized. 


Board of 
voting ma¬ 
chine com¬ 
missioners— 
their ap¬ 
pointment, 
terms, &c. 


An Act to authorize the use of voting machines at elec¬ 
tions hereafter to be held in this state, or in any sub¬ 
division thereof, and providing that the votes cast at 
any such elections may be registered or recorded and 
counted and the result of such elections ascertained by 
such machines. Approved April 9, 1902. P. L. 1902, 
p. 640. 

256. Sec. 1. In all elections hereafter held in this state 
for presidential electors and members of congress, or 
either of them, and in all state, county, city, town, town¬ 
ship and borough elections, and in all other elections here¬ 
after to bo held in this state or in any political division 
thereof, for any purpose whatever, voting machines may 
be used; and at any and all such elections the vote or 
ballot may be had and taken and the votes cast thereat 
registered or recorded and counted, and the result of such 
election or elections ascertained by voting machines in¬ 
stead of in the mode and manner now established by law; 
'provided, that the use of said machines at any such elec¬ 
tion or elections shall be subject to the requirements, 
provisions, terms and conditions of this act hereinafter 
contained. 

257. Sec. 2. Within thirty days after the approval or 
passage of this act the governor shall appoint and com¬ 
mission three persons, who shall constitute ^^the state 
board of voting machine commissioners;’’ the members 
of said board shall hold office for the term of five years; 
their successors shall be appointed by the governor for 
terms of five years; any vacancy occurring in said board 
by death, resignation or otherwise, shall he filled by the 
governor for the unexpired term only; any member of 
said board may be removed at the pleasure of the gover¬ 
nor ; no member of said board shall have any pecuniary 
interest, directly or indirectly, in any voting machine; 
one member of said board shall be a mechanical expert. 





ELECTIO^s^S. 


131 


258. Sec. 3. Tlie members of said board shall 
severally take and subscribe to an oath or affirmation 
before some person authorized by the laws of this state 
to administer the same, that they will faithfully and 
impartially discharge the duties imposed upon them by 
law to the best of their knowledge, understanding and 
ability, and file tlie same with the secretary of state; 
they shall organize by electing one of their number to 
be chairman, and one to be secretary, and one to be 
treasurer; the secretary shall keep a record of all meet¬ 
ings held by the board and of all voting machines in¬ 
spected and examined by it, and of the action of the 
board respecting the same. 

259. Sec. 4. Any person, company or corporation 
owning or being interested in any voting machine may 
apply to the state board of voting machine commis¬ 
sioners to examine such machine and report on its com¬ 
pliance with the requirements of the law and its accuracy, 
efficiency and capacity to register the will of voters; 
upon such application the said board shall examine such 
machine and make report whether, in its opinion or in the 
opinion of any two of the members thereof, the kind^ 
pattern or style of machine so examined complies with 
the requirements of tliis act and can safely be used at 
elections to be held in this state under the conditions pre¬ 
scribed by this act; the report of said board on said 
machine, signed by the members thereof, or any two of 
them, and all exhibits, drawings, photographs, descrip¬ 
tions, et csetera, filed in connection with and identifying 
said machine so examined, shall be filed in the office of 
the secretary of state and shall be a public record ; if the 
report of tlie board, or any two members tliereof, be that 
machines of the kind, pattern or style examined can be 
used, such kind, pattern or style of machine shall be 
deemed to be approved by the board, and its use as herein 
provided shall be authorized at any such election as afore¬ 
said to be held in this state or any civil division thereof; 
any kind, pattern or style of voting machine not so ap- 


Oath of 
members of 
board. 


Organization 
of board. 


Duty of 
secretary. 


Examination 
of machines 
by the board 
of commis¬ 
sioners and 
report 
thereon. 


Report, 
where to be 
filed. 


Effect of 
report. 






132 


ELECTIONS. 


Expenses and 
compensation 
of commis¬ 
sioners, how 
provided for. 


Voting ma¬ 
chines to be 
constructed 
how. 


proved by said board shall not be used at any election; 
the examination herein provided for shall not be required 
of each individual machine, but only of each particular 
kind, style or pattern of machine before its adoption, 
use or purchase, as herein provided; when the machine 
has been so approved, any improvement or change that 
does not impair its accuracy, efficiency or capacity shall 
not render necessary a re-examination or re^approval 
thereof. 

260. Sec. 5. Any person, company or corporation 
applying to have any voting machine examined shall 
deposit with the secretary of said board the sum, of 
four hundred and fifty dollars; from and out of said 
money shall first be deducted and paid all expenses in¬ 
curred by said board in and about the discharge of its 
duties,, including stationery, books and postage; the 
balance remaining shall be divided into three equal parts 
or portions ; each of said members shall receive one of 
said portions in payment of traveling and other expenses 
and for his compensation as a member of said board; 
except as herein provided, the members of said board shall 
not receive any compensation or remuneration for their 
services ; said payments by way of compensation, to the 
members of said board shall be made at such times as the 
members of said board, or a majority of the members 
thereof, may direct. 

261. Sec. 6. No voting machine shall be approved by 
the said board unless the same be so constructed as to 
provide facilities for voting for the candidates of as many 
different parties or organizations and for and against 
as many different questions or amendments as in the 
judgment of the commissioners shall be necessary; nor 
shall any such machine be approved unless the same 
will permit a voter to vote for any person for any 
office, although the name of the person voted for does not 
appear on the machine as a nominated candidate for 
such office ; it must enable the voter to vote a straight 
party ticket or a ticket selected in part from the nominees 




ELECTIONS. 


133 


of one party and in part from the nominees of any or 
all other parties, and in part from independent nomina¬ 
tions, or in part or in whole of the names of persons 
not nominated by any party or upon any independent 
ticket; such machines must also secure to the voter 
privacy and secrecy in the act of voting; such machine 
must also be so constructed that a voter cannot vote for 
a candidate or a proposition for whom or on which he 
is- not lawfully entitled to vote, also to prevent voting for 
more than one person for the same office, except in cases 
where the voter is lawfully entitled to vote for more 
than one person for the same office, in which event they 
must enable the voter to vote for as many persons for that 
office as he is by law entitled to vote, and no more; they 
must also prevent his voting more than once for the same 
person for the same office; said machines may be provided 
with one ballot in each party column or horizontal row 
containing only the words ^^presidential electors,’’ pre¬ 
ceded by the party name and party emblem (if any 
emblem be used) and a vote for such ballot shall operate 
as and be counted, canvassed and returned as a vote for 
all the candidates of such party for presidential electors, 
and such machine must be so constructed that by voting 
an irregular or split ticket, as herein defined, the elector 
may vote for any person or persons he may choose for 
the office of presidential elector, and must be so con¬ 
structed that all votes cast for regularly nominated can¬ 
didates are registered on mechanical counters or devices; 
each machine must he provided with a lock or locks, by 
the use of which any movement of the voting or regis¬ 
tering mechanism is absolutely prohibited, and any 
machine to be approved by said board must be of such 
kind, style or pattern as will permit the exercise by each 
voter of the full right and privilege of his elective fran¬ 
chise under the constitution and laws of this state. 

262. Sec. 7. Such machines, in order to be approved 
by said board, shall be supplied with a booth, canopy, 
curtain or other contrivance so arranged or affixed that 


Further 

provisions 

concerning 

construction 

of voting 

machines. 










134 


ELECTIONS. 


Emblems, 
devices and 
colors for 
political 
parties, 
adopted how. 


Ballot 

defined. 


the use and operation of the machine by the voter when 
voting cannot be seen or observed by any other person^ 
unless such person be inside the booth, canopy, curtain 
or other contrivance at the same time; such machine 
must also be so constructed as to correctly register or 
contain every vote of every description that may be cast, 
and of sufficient capacity to enable at least six hundred 
votes to be cast within the time prescribed for holding 
an election on any general election day. 

263. Sec. 8. The state committee of any political party 
may adopt any emblem or device (except the American 
flag) to designate the ticket or ballot of that particular 
party, and certify the adoption thereof under the hands 
of its chairman and secretary, and file the same with the 
secretary of state; the emblem or device so adopted, cer¬ 
tified and filed shall be and continue the emblem or device 
of such party until the same be in like manner changed 
by its state committee, and such change certified and filed 
as aforesaid; each political party may also adopt and 
change in the manner aforesaid a stripe or color to be 
used at the head of or on the ticket, as in this act pro¬ 
vided, in connection with the party emblem or device; 
any emblem, device, stripe or color adopted by one party 
as aforesaid shall not be adopted by or used by any other 
party; the party first filing with the secretary of state the 
certificate of its adoption of an emblem, device or color 
shall have the right to the exclusive use of that particular 
emblem, device or color, but no use shall be made of any 
such emblem, device or color except in case where an elec¬ 
tion is to be held by the use of voting machines. 

264. Sec. 9. The list of rows of candidates to be used 
on the front of the voting machine shall be deemed official 
ballots under this act for an election district or precinct 
in which a voting machine is used pursuant to law; the 
word ^ffiallot,’’ as used in this act (except when reference 
is made to irregular ballots), means that portion of the 
cardboard or paper or other material within the ballot 
frames of the machine containing the names of the candi- 





ELECTIO^TS. 


135 


dates for office, the names of the offices to he filled at that 
election, the names of the parties and their emblems and 
devices, and a statement of the proposed constitutional 
amendment or other question or proposition to he voted 
on with the words ^'foE^ and ‘ffigainst,’^ or the words 
‘^yes’’ and 

265. Sec. 10. All ballots shall he printed in black ink 
on clear white material of such form and size as will fill 
the ballot frame of the machine, in plain, clear type as 
large as the place will reasonably permit; the party de¬ 
vice or emblem (if any) for each political party repre¬ 
sented on the machine, and the party name or other desig¬ 
nation shall be prefixed to the column, list or row of the 
candidates of such party; each party list may be further 
distinguished by a stripe or color below the party device 
or name, if any such stripe or color shall have been 
adopted in the manner herein provided. 

266. Sec. 11. Party nominations shall be arranged on 
each voting machine, either in columns or horizontal 
rows; the captions of the various ballots on said ma¬ 
chines and the emblems, devices, stripe or colors (if any) 
designating the same shall be so placed on said machine 
as to indicate to the voter what lever, push, knob, key, 
lock or other device is to be used or operated in order to 
vote for the party of his choice. [See Sec. 290.] 

267. Sec. 12. Official ballots for use upon voting ma¬ 
chines shall be prepared and furnished in the same man¬ 
ner, at the same time, and by and delivered to the same 
officials as now provided by law; such ballots shall be of 
the form and description specified in sections nine and 
ten hereof. 

268. Sec. 13. The officer or officers whose duty it may 
be under this act to provide and furnish official ballots 
for any polling place where a voting machine is to be used, 
shall also provide therefor two sample or instruction bal¬ 
lots, which sample or instruction ballots shall be arranged 
in the form of a diagram showing the entire front of the 
voting machine as it will appear after the official ballots 


Ballots, how 
printed, and 
party lists, 
how dis¬ 
tinguished. 


Party 

nominations, 
emblems, 
devices, &c., 
how arranged 
on machine. 


Official 
bailots, how 
prepared and 
furnished. 


Instruction 
bailots as to 
use of 

machine, how 
provided. 






136 


ELECTIOl^S. 


Two sets 
of official 
ballots to be 
provided ; 
disposition 
thereof. 


Unofficial 
ballots, 
provided how 
and used 
when. 


Registration 
of voters ; 
what officials 
to hold 
elections. 


are arranged thereon or therein for voting on election day; 
such sample ballots shall be open to the inspection of 
voters at the polling place during all the hours that the 
polls may he open on election day. 

269. Sec. 14. Two sets of official ballots shall be pro¬ 
vided for each polling place for each election for use 
in and upon the voting machine; one set thereof shall 
be inserted or placed in or upon the voting machine and 
the other shall be retained in the custody and possession 
of the board of election, unless it shall become necessary 
during the course of the election to make use of the same 
upon or in the voting machine; at the close of the elec¬ 
tion all official ballots (except those actually in or upon 
the voting machine at the close of the election), whether 
the same shall have been used in the machine or not, shall 
be returned to the official providing the same in the man¬ 
ner herein provided. 

2Y0. Sec. 15. If the official ballots for an election dis¬ 
trict or precinct, at which a voting machine is to be used, 
shall not be delivered in time for use on election day, or 
after delivery shall be lost, destroyed or stolen, the clerk 
or other official, or officials, whose duty it now is in such 
case to provide other ballots for use at such election in 
lieu of those lost, destroyed or stolen, shall cause other 
ballots to be prepared, printed or written as nearly as 
may be of the form and description of the official ballots, 
and the inspectors of election shall cause the ballots so 
substituted to be used at the election in the same manner, 
as nearly as may be, as the official ballots would hav^ 
been; such ballots so substituted shall be known as un¬ 
official ballots. 

271. Sec. 16. The requirements of law now existing 
as to the registration of voters are not to be alfected by 
the passage of this act; all elections whereat voting ma¬ 
chines are used shall be held by the same officials, who 
shall be appointed in the same manner as now provided 
by law, except that ballot clerks'may be dispensed with; 
elections where voting machines are used shall be con- 



ELECTIONS. 


137 


ducted by said officials as nearly as may be in accordance 
with existing laws, except as otherwise provided by this 
act. 

272. Sec. 17. So far as practicable, at all elections 
where voting machines are used, the voting machine shall 
be regarded and treated as a substitute for the ballot and 
ballot-box heretofore used; the booths now provided for 
by law, wherein the voter shall prepare his ballot for 
voting, shall not be provided or used at elections where 
voting machines are used; official ballots of the kind 
heretofore recognized by law shall not be furnished to the 
election districts or precincts where at any election vot¬ 
ing machines are used; provided, however, that in any 
precinct which shall include the voters of two or more 
civil divisions there are candidates to be voted for therein 
for which the voters of one civil division are entitled to 
vote, and for which the voters of one or more of the other 
civil divisions represented therein are not entitled to vote, 
all votes cast for such candidates shall be by paper ballots 
and shall not be cast on or in the machine, and for such 
ballots a ballot-box shall be provided. 

273. Sec. 18. The board of freeholders of any county, 
or the governing body of any city, town, township, 
village, borough or other incorporated municipality of 
this state, may sanction or adopt for use at elections to 
be held in and for said county, or in and for said other 
municipalities respectively, or any part of precinct 
thereof, one or more kind, style or pattern of voting ma¬ 
chines approved by the state board of voting machine 
commissioners, as herein provided, and thereupon such 
machines, or any of them, may be used at any and all 
elections held in said municipalities, or any of them, or 
in any election district or precinct thereof; different 
kinds, styles or patterns of voting machines may be 
adopted for use at different election districts or pre¬ 
cincts in the same municipality. 

274. Sec. 19. The governing body of any munici¬ 
pality authorized by this act to sanction or adopt the 


Voting 
machine a 
substitute 
for ballot, 
ballot-box 
and booth. 


Proviso. 


Adoption 
and use of 
machines by 
counties and 
municipali¬ 
ties. 


Experimental 
use of 
machines 
authorized. 





138 


ELECTIONS. 


Voting 
machines, 
how procured 
and how kept 
in repair, &c. 


Payment for 
machines, 
how provided 
for. 


use of a voting machine or machines, may provide for 
the experimental use and trial, at an election in one 
or more election districts or precincts, of a machine, or 
machines, without the formal adoption thereof, and its 
use at such elections shall he as valid for all purposes as 
if it had been lawfully adopted as herein provided. 

275. Sec. 20. The governing body of any munici¬ 
pality adopting a voting machine, or machines, of any 
particular kind, or kinds, shall, as soon as practicable 
thereafter, provide and purchase for each polling place 
therein one or more voting machines, in complete work¬ 
ing order, and shall thenceforth (except as herein pro¬ 
vided) keep the same in repair and good condition, and 
shall provide for the custody and proper care thereof, 
and of the furniture and equipment of the polling place 
when not in use at an election; machines adopted and 
provided by a county shall be kept in repair by and in 
the custody of the municipality, or municipalities, using 
them in the same manner as machines adopted and pro¬ 
vided by such municipalities; if it shall be impracticable 
to supply each and every election district wdth a voting 
machine, or machines, at any election following the 
adoption of such machine, or machines, as many may be 
supplied as it is practicable to procure, and the same 
may be used in such election district, or districts, as the 
governing bodj^ of the municipality adopting the same 
may direct. 

276. Sec. 21. The governing body of any municipal¬ 
ity, on the adoption and purchase of a voting machine, 
or machines, for the use of any part or precinct thereof, 
may provide for the payment thereof in such manner as 
it may deem for the best interest of such municipality, 
and may for that purpose issue bonds, certificates of in¬ 
debtedness or other obligations which shall be a charge 
upon the county, city, town, village, borough or other 
municipality adopting and purchasing such machine, or 
machines; such bonds, certificates or other obligations 
may be issued with or without interest, payable at such 



ELECTIONS. 


139 


time, or times, as the authorities issuing the same may 
determine, but shall not be issued or sold at less than par; 
in the event of the adoption of voting machines by the 
board of freeholders of any county in which any city, 
town, village or borough has theretofore adopted and pur¬ 
chased voting machines, the cost of the additional ma¬ 
chines provided in pursuance of the action of said board 
of freeholders, shall be assessed only upon the cities, 
towns, villages and boroughs within such county for 
which such additional machines are provided. 

277. Sec. 22. At all elections whereat voting machines 
may be used, the arrangement of the polling-room shall 
be the same as near as may be as is provided for elec¬ 
tions under the ballot reform law (so called) ; the ex¬ 
terior of the voting machine and every part of the polling- 
room shall be in plain view of the election officers; the 
voting machine shall be placed at least three feet from 
every wall or partition of the polling-room and at least 
three feet from the outer guard-rail and at least four feet 
from any table whereat any of the election officers may 
be engaged or seated; a guard-rail shall be constructed 
at least three feet from the machine, with an opening, or 
openings, to permit the entrance and exit of voters to and 
from the machine; no person shall be permitted in or 
about the polling-room except as now provided for by 
law in elections where ballot-boxes are used. 

278. Sec. 23. Where a voter presents himself for 
the purpose of voting, the clerks of election or poll- 
clerks shall ascertain whether his name is upon the reg¬ 
ister of voters, and if [his] name appear thereon and no 
challenge be interposed, or if interposed be not sustained, 
a judge or inspector of election to be stationed at the 
entrance through the outer guard-rail shall announce the 
name of the voter and permit him to pass through the 
entrance opening in the outer guard-rail to the booth of 
the voting machine for the purpose of casting his vote; 
no voter shall remain in the voting machine booth longer 
than one minute, and having cast his vote the voter shall 


Arrangement 
of polling- 
room. 


Manner of 
voting. 






140 


ELECTIOI^S. 


Municipal 
clerk’s duty 
in providing 
machine, 
furniture, 
&c., for 
polling 
places. 


Duties of 

election 

officers. 


at once emerge therefrom and leave the polling-room by 
the exit opening in the outer guard-rail; if he shall refuse 
to leave after the lapse of one minute, he shall be removed 
by the election officers; the poll clerks shall record the 
name and address of each voter in the manner now pro¬ 
vided by law as he enters the voting machine booth for the 
purpose of voting; no voter after having entered and 
emerged from the voting machine booth shall be per¬ 
mitted to re-enter the same on any pretext whatever; only 
one voter at a time shall be permitted to pass the outer 
guard-rail to vote. 

279. Sec. 24. It shall be the duty of the clerk of any 
municipality wherein at any election a voting machine, 
or machines, is or are to be used to cause the machine, 
or machines, and all necessary furniture and appliances 
to be at the proper polling place or places before the 
time fixed for opening the polls on election day, with 
the machines properly equipped with the official ballots, 
and the counters set at zero, and otherwise in good and 
proper order for use at such election; and for the pur¬ 
pose of so labeling the machine, putting in order, set¬ 
ting and adjusting and delivering the same, the munici¬ 
pal authorities may employ one or more competent per¬ 
sons and cause him or them to be paid out of the munici¬ 
pal treasury in the same manner that other expenses in¬ 
curred by the said board are paid; the officers to conduct 
said election and the clerks thereof shall be in attend¬ 
ance at least forty-five minutes before the time fixed 
for opening the polls; the election officers shall there¬ 
upon cause the two sample or instruction cards to be 
posted conspicuously within the polling place; in ad¬ 
dition to the information afforded by such sample or 
instruction cards, the election officers shall give to the 
voter while he remains outside the outer guard-rail, such 
information and aid as may be in their power when 
requested by the voter to enable him properly to cast 
his vote when he shall enter the voting machine booth; 
if not previously done, inspectors of election shall be- 



ELECTIOI^S. 


141 


fore declaring the polls open, insert in their proper place 
or places on or in the voting machine, the ballots con¬ 
taining the names of offices tO' be filled at such election 
and the names of the candidates nominated therefor, 
and compare the same with the sample ballots; if not pre¬ 
viously done they shall, before declaring the polls open, 
place all the counters on the voting machine so as to 
register zero', and shall not permit such counters to be 
operated except by voters in voting; before the open¬ 
ing of the polls each inspector of election shall carefully 
examine every counter and see that it registers zero, 
and the same shall be subject to the inspection of the 
official watchers and interested parties ; and the election 
officers shall see that the machine is otherwise in perfect 
order for the election, and they shall not thereafter per¬ 
mit the counters to. be operated or moved except by elec¬ 
tors in voting; and they shall also see that all necessary 
arrangements and adjustments are made for voting ir¬ 
regular ballots on the machine; ballots voted for any per¬ 
son whose name does not appear on the machine as a nomi¬ 
nated candidate for office are herein referred tO' as ir¬ 
regular ballots ; where two or more candidates are to be 
elected to the same office,, the voting devices belonging 
to all the candidates for said office shall be included in a 
group herein referred to as a multicandidate group; in 
all multicandidate groups, except presidential electors, 
the name of each nominated candidate shall be placed 
upon or adjacent to a separate key or voting device, and 
all split ballots which are confined to the nominated 
candidates shall be voted on such keys or voting devices; 
except for presidential electors no irregular ballot shall 
be voted for any person for any office whose name ap¬ 
pears on the ballot on the front of the machine as a can¬ 
didate for that office; any irregular ballot so voted shall 
not be counted; an irregular ballot must be cast in its 
appropriate place on the machine or it shall be void and 
not counted; in voting for presidential electors an 


Provisions 
concerning 
irregular 
ballots and 
multi-candi¬ 
date groups. 





142 


ELECTIONS. 


Assistance to 
voters, how 
given. 




elector may vote in the irregular balloting device a ticket 
made up of the name® of persons in nomination by 
ditferent parties*, hereafter referred to as a split ballot, or 
partially of the names of persons so in nomination, and 
partially of persons not in nomination, or wholly of 
names of persons not in nomination by any party, here¬ 
after referred to as an irregular ballot; such split or 
irregular ballot for presidential electors shall be de¬ 
posited, written or affixed in or upon the receptacle or 
device provided on the machine for the purpose; the 
split or irregular ballots for presidential electors may 
be of any size and form best suited to the convenience 
of the voter and the requirements of the machine; the 
candidates’ names may be written or printed thereon, in 
one or more columns, and the ballots need not contain 
any other than the names of the candidates voted for; 
names on such split or irregular ballots for presidential 
electors which have been crossed off with the intention 
of cancellation, shall not invalidate said ballots, nor 
shall the ballot be considered marked, anything in the 
general election laws to the contrary notwithstanding. 

280. Sec. 26. In case any voter after entering the 
voting machine booth shall ask for further instructions 
concerning the manner of voting, two inspectors of elec¬ 
tion, of opposite political parties, shall stand outside 
the voting machine booth, canopy or curtain, and give 
such instructions or directions to the voter as the two 
inspectors may agree upon; but no inspector or other 
election officer assisting or instructing a voter shall in 
any manner request, suggest or seek to influence, per¬ 
suade or control any such voter to vote any particular 
ticket or for any particular candidate, or for or against 
any particular amendment, question or proposition; 
after receiving such instructions or directions, the 
voter shall vote as in the case of any unassisted voter; 
during the entire period of an election at least one of 
the inspectors of election, to be designated from time 
to time by the chairman, shall be stationed beside the 



ELECTIONS. 


143 


entrance to the booth and shall see that it is properly 
closed after a voter has entered it to vote; he shall 
also, at such intervals as he may deem proper or neces¬ 
sary, examine the face of the machine to ascertain whether 
it has been defaced or injured, to detect the wrongdoer 
and to repair any injury; in case any voting machine 
used in any election district shall, during the time the 
polls are open, become injured so as to render it inoper¬ 
ative in wEole or in part, it shall be the duty of the 
inspectors immediately to give notice thereof to the 
body providing such machine, and it shall be the duty 
of such body, if possible, to substitute a perfect machine 
for the injured machine, and, at the close of the polls, 
the records of both machines shad be taken, and the 
votes shown on their counters shall be added together 
in ascertaining and determining the result of the elec¬ 
tion ; but if no other machine can be procured for use at 
such election and the one injured cannot be repaired 
in time for further use at such election, the officers of 
said election may permit the use of unofficial ballots by 
the voters, which ballots may be received by the elec¬ 
tion officers and placed by them in a receptacle to be 
provided therefor and counted with the votes registered 
on the voting machine, and the result declared the same 
as though there had been no accident to the voting 
machine; the unofficial ballots thus voted shall be pre¬ 
served and returned as herein directed with a certificate 
or statement setting forth how and why the same came 
to be voted. 

281 . Sec. 26 . At least two keys that cannot be inter¬ 
changeably used shall be provided for locking each vot¬ 
ing machine against voting; said keys shall be delivered 
to inspectors of different political parties who shall re¬ 
tain the same in their possession and deliver them to the 
clerk of the said town,* village or borough wherein such 
election is held, not later than four p. m. of the day 
next following the election; each key shall be placed upon 
a string or wire, labeled with the make and number of 


Procedure 
where a 
machine 
becomes 
injured or 
inoperative. 


Custody, 
use and 
disposition 
of keys to 
voting 
machine. 




144 


ELECTIONS. 


Adjourn¬ 
ments by 
election 
board and 
duties 
concerning 
machines 
during ad¬ 
journments. 


When polls 
shall be 
closed. 


Result of 
election 
and how 
announced, 
certified and 
returned. 


the machine and precinct at which it is used; the clerk to 
whom said keys are so delivered shall securely keep the 
same and not permit the same, or any of them, to be 
taken, or any voting machine to be unlocked for a period 
of thirty days from and after the election, unless by order 
of a court of competent jurisdiction; at the end of thirty 
days said keys shall be subject to the order of the officer 
or officers having charge of the machines. 

282, Sec. 27. The election board may take such ad¬ 
journment where voting machines are used as is per¬ 
mitted by the general election laws in force at the passage 
of this act; the voting machine shall not be removed from 
the polling-room or outside the guard-rail during said 
adjournment, and it yhall at all times during such ad¬ 
journment, be under the constant care, watch and over¬ 
sight of tAvo of the inspectors of election of opposite politi¬ 
cal parties, Avho shall not, during such adjournment, 
filloAV any person, other than the election officials, to pass 
within the guard-rail, and said inspectors of election 
shall not permit any person to interfere or tamper with 
said machine, nor shall said inspectors interfere or tam¬ 
per with the same during such adjournment; when such 
adjournment is taken said machine shall be securely 
locked against voting and so as to prevent its use for any 
purpose; at the end of such adjournment and Avhen vot¬ 
ing is ready to be resumed, the machine shall be unlocked 
by the inspectors and the election proceeded with with¬ 
out further adjournment until the time for closing the 
polls shall arrive; closing of the polls, in cases Avhere 
voting machines are used, shall be deemed to mean that 
a voter entitled to vote and avIio shall have passed within 
the outer guard-rail for that purpose before the time fixed 
by law for closing the polls, shall be allowed to complete 
the act of voting. 

283. Sec. 28. Immediately upon the close of the polls, 
the inspector of election shall lock the A^oting machine 
against further voting and open the counting compart¬ 
ment in the presence of persons who may be lawfully 




ELECTIONS. 


145 


present at that time, giving full view of all the counter 
numbers; the chairman of the, hoard of inspectors shall, 
in the order of the offices as their titles are arranged on 
the machine, read and announce in distinct tones the 
result as shown by the counter numbers, and shall then 
read the votes recorded for each office on the independ¬ 
ent ballots; ’^he shall also,, in the same manner, announce 
the vote on each constitutional amendment, proposition 
or other question; as soon as the result for each office and 
on each amendment, proposition or other question is as¬ 
certained, the poll clerks shall record the same and sub¬ 
mit their records to the inspectors for ecsamination, and 
if found to be correct the chairman shall at once an¬ 
nounce the vote for each office, amendment, proposition 
or other question, and said result shall thereupon be 
certified and returned and proceeded with the same in 
all respects as though the said election had been held and 
conducted by the use of a ballot-box, and as provided by 
the laws in force at the passage of this act. 

284. Sec. 29. The inspectors of election shall, as soon 
as the count is completed and fully ascertained, as by 
this act re,quired, lock the machine against voting or any 
other use; and it shall so remain for a period of thirty 
days, except by order of a court of competent jurisdic¬ 
tion ; the inspectors of the board shall return the keys to 
the clerk of the municipality as aforesaid charged with 
the care and custody of the keys; whenever independent 
ballots of whatever' description have been voted, the in¬ 
spectors shall return all such ballots in a properly secured 
package endorsed ^Independent ballots,’’ and return and 
file such package with the original statement, of the result 
of the election made by them; said package shall be pre¬ 
served for six months next succeeding such election, and 
it shall not, be opened or its contents examined during 
that time except by order of a judge or a court lawfully 
empowered to direct the same to be opened and exam¬ 
ined; at the end of said six months said package may 
be opened and said ballots disposed of at the discretion 
of the official or body having charge thereof. 

10 


Duties of 
election 
officers as to 
machine 
keys and 
independent 
ballots after 
close of 
election. 


Packages of 
independent 
ballots to be 
preserved six 
months. 





146 


ELECTIOJSTS. 


Vendors 
of voting 
machines to 
give bonds 
to keep 
machines in 
working 
order for 
two years. 


Provision for 
removal and 
punishment 
of voter who 
remains in 
machine 
booth longer 
than time 
fixed by law. 


Penalty for 
unauthorized 
possession of, 
or tampering 
with, 
machine. 


285. Sec. 30. When one or more voting machines 
are adopted and purchased by any municipality of this 
state, the party or parties or corporation of whom the 
same are purchased shall give a bond to such municipal¬ 
ity with sufficient sureties to keep such machine or ma¬ 
chines in good working order and condition for two years, 
at the cost and expense of such parties or corporation 
(unless the same has been damaged, injured or de¬ 
stroyed by the willful act, carelessneiss or negligence of 
others, or by inevitable accident). 

286. Sec. 31. If any person who has entered a voting 
machine for the purpose of voting shall remain therein 
longer than by this act allowed, and shall not forthwith, 
on notice so to do given him by the board of election or 
any member thereof, quit and emerge from said booth, 
he may be removed therefrom by the election officers, or 
they may await his coming out, and, in either event, 
any of said election officers may prefer a complaint 
against said person as for a misdemeanor, and on con¬ 
viction thereof,, the offender shall be punished by a fine 
not exceeding one hundred dollars or imprisonment in 
the county jail not exceeding sixty days, or by both fine 
and imprisonment, at the discretion of the court. 

287. Sec. 32. Any unauthorized person found in 
possession of any such voting machine shall be deemed 
guilty of a misdemeanor and fined in a sum not less than 
twenty-five nor more than one hundred dollars, and im¬ 
prisonment in the county jail not less than ten nor more 
than thirty days; and any person willfully tampering 
or attempting to tamper with, disarrange, deface or 
impair in any manner whatsoever, or destroy any such 
voting machine while the same is in use at any election, 
or who shall, after such machine is locked, in order to 
preserve the registration or record of any election made, 
by the same, shall be deemed guilty of a felony, and on 
conviction thereof shall be imprisoned in the state prison 
of this state at hard labor for not less than three nor more 
than ten years. 




ELECTIOi^S. 


147 


288. Sec. 33. It shall be lawful for any political body, 
club, organization or association to purchase a voting ma¬ 
chine or machines of the kind or kinds adopted and au¬ 
thorized to be used within the municipality where such 
political body, club, organization or association may be 
located, for the purpose of instructing its members and 
voters generally in the use of such machine or machines; 
any such machine or machines purchased for the purpose 
aforesaid shall have plainly painted, marked or stamped 
thereon the words ^^sample voting machineit shall also 
be lawful for any such body, club, organization or associ¬ 
ation to have in its possession a diagram or model of any 
such voting machine or machines as aforesaid for the 
purpose of instructing its members and voters generally 
in the use of such machines; 'provided, that such dia¬ 
grams or models are marked ^‘^sample diagram’’ or ^^sam- 
ple model,” as the case may be. 

289. Sec. 34. All laws relating to elections now in 
force in this state shall apply to all elections under this 
act, so far as the same may be applicable thereto; so far 
forth as any laws or parts of laws now in being are in¬ 
consistent with or repugnant to this,, the same are hereby 
repealed. 

A Supplement to an act entitled “An act to authorize the 
use of voting machines at elections hereafter to be held 
in this state, or in any subdivision thereof, and pro¬ 
viding that the votes cast at any such elections may 
be registered or recorded and counted, and the result 
of such election ascertained by such machines,” ap¬ 
proved April ninth, one thousand nine hundred and 
two. Approved March 26, 1903. P. L. 1903, p. 125. 

290. Sec. 1. The arrangement of party names, names 
of candidates, or party emblems on a voting machine or 
the ballot for the same, referred to in the act to which 
this is a supplement, as in columns or horizontal rows, 
list of rows, or columns, or as prefixed to columns, shall 
be held to mean such convenient arrangement of the same 


Political 
organizations 
may purchase 
sample voting 
machines and 
sample 
diagrams for 
instruction 
of members. 


To what 
extent other 
election laws 
are repealed. 


Party names, 
&c., how 
arranged on 
voting 
machine. 



148 


ELECTIOISTS. 


on the machine as in the judgment of the board of state 
voting machine commissioners will clearly indicate to 
the voter what device to operate to vote for the party or 
persons of his choice. [See Sec. 266.] 


How to vote 
on constitu¬ 
tional 

amendments. 


A Supplement to an act entitled ^^An act to authorize 
the use of voting machines at elections hereafter to be 
held in this state or in any subdivision thereof, and 
providing that the votes cast at any such elections may 
be registered or recorded and counted and the result 
of such elections ascertained by such machines/’ ap¬ 
proved April ninth, one thousand nine hundred and 
two. Approved April 8, 1903. P. L. 1903, p. 375. 

291. Sec. 1. In voting for or against any constitu¬ 
tional amendment or other question or proposition to be 
voted on, the assent or dissent of the voter to any such 
amendment, question or proposition may be expressed by 
the words ^^for” or ^^against.” 


An Act authorizing the state board of voting machine 
commissioners to purchase voting machines for use at 
elections to be held in this state, and providing for the 
location, use and care of such machines. Approved 
April 8, 1903. P. L. 1903, p. 339. 


state board 
may purchase 
voting 
machines. 


May invite 
proposals for 
machines. 


292. Sec. 1. The state hoard of voting machine com¬ 
missioners shall have power and authority to expend with 
the consent of the governor such sum or siims of money 
as shall be appropriated for that purpose in the purchase 
of voting machines of a kind, style or pattern which have 
been or may hereafter be approved by said commissioners 
in conformity with the laws of this state. 

293. Sec. 2. Before any purchase shall he made, the 
state hoard of voting machine commissioners shall adver¬ 
tise for a period of thirty days their intention to pur¬ 
chase voting machines, inviting proposals, said proposals 
to state the style or kind of machine proposed to be fur- 



ELECTIOI^S. 


149 


nished and the pricey which in no case shall be more than 
five hundred dollars for each machine; the said commis¬ 
sioners shall have power and authority to contract for 
and purchase as many machines as the appropriation for 
that purpose will permit of such styles, kinds or makes 
as they shall deem to be for the best interests of the st,ate; 
provided, no contract or purchase shall be binding until 
approved by the governor and until the state board of 
voting machine commissioners shall receive a bond in 
such sum and with such sureties as shall be approved 
by them for the faithful performance of the terms of the 
contract. 

294. Sec. 3. All machines shall be inspected by the 
commissioners or some person or persons appointed by 
them for that purpose, and if found to be in accordance 
with the terms of the contract shall be approved, and no 
machines shall be paid for unless so approved. 

295. Sec. 4. It shall be the duty of the state board of 
voting machine commissioners, after the approval of ma¬ 
chines as provided by section three of this act, to deliver 
the machines purchased as above to such boards, officer 
or officers whose duty it is under the laws of this state 
to furnish or care for ballot-boxes as the secretary of 
state shall select, and it shall bei the duty of any board, 
officer or officers who shall be furnished with a voting 
machine or machines by said commissioners to cause them 
to be cared for and such machine shall be used as a sub¬ 
stitute for the ballot-box in such election districts as the 
secretary of state shall select; and the said voting ma¬ 
chine commission shall provide for the setting up of the 
machines and the giving of such instruction for their use 
as in their judgment shall be necessary. 

296. Sec. 5. The expenses and disbursements of the 
state board of voting machine commissioners incurred in 
carrying out this act, and a per diem of ten dollars to 
each member of said board for the time spent in the 
performance of the duties imposed by this act, when ap¬ 
proved by the governor, shall be paid out of any moneys 
in the state treasury not otherwise appropriated. 


Inspection 
and approval 
of machines. 


Delivery, 
care and use 
of machines. 


Expenses and 
per diem of 
state board, 
how paid. 




150 


ELECTIONS. 


Primary Elections. 


Primary 
elections to 
be held for 
selection of 
delegates to 
conventions 
in certain 
cases. 


When 
candidates 
nominated 
directly and 
without any 
convention. 


General plan; 
expense. 


Time and 
place. 


How 

conducted. 


A Eurther Supplement to an act entitled ^^An act to reg¬ 
ulate eleetions’’ (Revision of 1898), approved April 

fourth, one thousiand eight hundred and ninety-eight. 

Approved April 14,1903. P. L. 1903, p. 603. 

297. Sec. 1. In addition to the elections for filling 
public offices that now are or hereafter may be held 
under the laws of this state, there shall also be held pri¬ 
mary elections for the selection of delegates to conven¬ 
tions of political parties, and for the nomination of can¬ 
didates for certain public offices, as hereinafter provided; 
all candidates of political parties for the following 
offices, to wit: presidential electors, governor, members 
of congress, members of the general assembly, members 
of the state senate, county clerk, surrogate, register of 
deeds, sheriff, county supervisor, coroner, mayor and for 
all elective offices' in the state and in the cities, towns 
or other municipalities in this state to be voted for at 
the general election for members of assembly by the 
voters of more than one ward or township, shall be 
nominated at conventions composed of delegates chosen 
at primary elections held pursuant to this act; all can¬ 
didates of political parties for office to be voted for at 
the general election for members of assembly by the 
voters of a single ward or township shall be nominated 
directly, without the intervention of delegates or con¬ 
ventions, at primary elections held pursuant to this act. 

298. Sec. 2. The general scheme and purpose of this 
act shall be as follows: the said primary elections shall 
hereafter be conducted at public expense; such primary 
elections for all political parties shall be held at the same 
time and place; the time shall be the first registry day, 
as hereinafter fixed, and the places shall be the place® of 
holding the said registry, in the fall of each year; and 
said primary elections shall be conducted by the boards 
of registry and election in the manner hereinafter pro- 




ELECTIONS. 


151 


vided from one o’clock until nine o’clock p. m.^ and sub¬ 
stantially as general elections for members of assembly 
are now conducted, with official ballots, ballot-boxes, reg¬ 
istry-lists and polling-booths; the first registry day in 
cities having a population exceeding thirty thousand shall 
be held on the second Tuesday of September in each year, 
and in all election districts outside of cities having a 
population exceeding thirty thousand, the said boards of 
registry and election shall sit for the purposes of this 
act. as primary election boards on the second Tuesday in 
September ; the clerk of the city, town, township, bor¬ 
ough or other municipality, as the case may be, shall pre¬ 
pare the primary ballots of all political parties from the 
petitions filed in their respective offices as herein pro¬ 
vided; not less than ten (except as hereinafter provided) 
Voters of any political party may file with the municipal 
clerk of their municipality, a petition endorsing any 
member of their political party as a candidate for the 
nomination of said party to public office, where such 
nomination is to be made at the primary election, or as 
a candidate for the position of delegate to a political con¬ 
vention of said party, where the party nomination is to 
be made by convention, and requesting that the name of 
the person so endorsed be printed upon the ofiicial pri¬ 
mary ballot of such political party; the said municipal 
clerks shall prepare official ballots for each political party 
for the said primary elections from the names of the per¬ 
sons so endorsed, arranging them alphabetically or in 
groups as hereinafter provided; the municipal clerk shall 
also print upon the official ballot, opposite the name of any 
person endorsed as a candidate for the position of dele¬ 
gate, the name of the person who is the choice of such can¬ 
didate for nomination at the ensuing convention of his 
political party, whenever said clerk is requested so to do 
by said candidate except as hereinafter provided; the bal¬ 
lots so prepared for each political party shall be the only 
ballots permitted to be voted at the primary elections; at 
such primary election the voters registered or who there- 


Registration. 


Primary 

ballots. 


Petition for 
candidates. 


Official 

ballots. 


Who may 
vote. 




152 


ELECTIOi^S. 


Voter to 
prepare his 
ballot. 


Challenges. 


Party indi¬ 
cated on 
registry-book. 


Canvassing 

ballots. 


upon register for the ensuing general election shall be 
qualified to vote at such primary; each voter shall request 
ihe party ticket he desires to vote^ and thereupon he shall 
receive from the board of registry and election an official 
ballot of said political party prepared as aforesaid, and 
no other; the voter shall then retire to the voting booth, 
and there prepare his ballot so as to indicate his choice 
for the candidates of his party to be there nominated, or 
his choice for delegates to the political convention of his 
political party, as the case may be, by erasing all names 
thereon other than those voted for and shall then deposit 
said ballot in the ballot-box of his party unless chal¬ 
lenged, and if challenged make oath that he. is a member 
of the said political party, that at the last election for 
members of assembly at which he voted, he voted for a 
majority of the candidates whose names were printed 
upon the party ticket of the said party, and intends to 
support the candidates of the said party at the ensuing 
election; in the case of any voter voting for the first time 
in this state, the portion of the said oath or affirmation 
in reference to previous voting shall be dispensed with; 
any voter who shall vote in the ballot-box of one political 
party at any primary election held under this act shall 
not be allowed to vote in the ballot-box of any other 
political party at the next thereafter succeeding primary 
election; the said board of registry and election shall in¬ 
dicate in the registry-book the name of the political party 
whose primary ticket each voter voting at such primary 
election voted by writing opposite the name of each of 
such voters, in a column prepared for that purpose in such 
registry-book, the first letter of the name of such politi¬ 
cal party, as, for example, writing the letter for 

democratic party, the letter for republican party, 

the letter for prohibition party, and in like manner 
for other political parties; the said board of registry and 
election at the close of the primary election, shall can¬ 
vass and count the said ballots of each political party, 
and shall prepare, sign and deliver to the clerk of the 



ELECTIONS. - 


153 


municipality in which said primary election is held, a 
statement of the results thereof, as in this act provided; 
a certificate showing the results of said statements shall 
be prepared and delivered by the municipal clerk to the 
successful candidates at said election, as determined by 
this act, which statement shall entitle the person holding 
the same to be the candidate of his party at the ensuing 
general election, or to attend the ensuing political con¬ 
vention of his party as a delegate, as the case may be. 

299. Sec. 3. A political party within the meaning of 
this act shall be a political party which at the election for 
members of the general assembly next preceding the 
holding of any primary election held pursuant to this act 
polled for members of the general assembly at least five 
per centum of the total vote cast in the territorial dis^ 
trict or division in and for which the nominations are 
made or delegates are chosen; the word ^^convention’’ 
within the meaning of this act shall be a ^^convention of 
delegates” or ^^nominating body of a political party” as 
defined in section thirty-eight of the act to which this 
act is a further supplement. 

300. Sec. 4. The official primary ballots to be used at 
all primary elections held pursuant to this act shall be 
prepared in the following manner, to wit: Not less than 
ten legal voters of this state, who are members of the 
same political party, and resident in the same ward or 
township', or borough without wards, may prepare and 
sign, with their names, residences and post-office ad¬ 
dresses, a petition addressed to the clerk of such munici¬ 
pality as may be proper pursuant to the requirements of 
this act, setting forth that the signers are qualified voters 
of the ward or township, or borough without wards, in 
which they reside ; that they are members of a political 
party (naming the same), and that at the last election' 
for members of the general assembly preceding the execu¬ 
tion of said petition they voted for a majority of the can¬ 
didates whose names were printed in the first place upon 
the ticket of such party, and that they intend to affiliate 


Certificate 

given 

successful 

candidates. 


Poiitical 
party and 
convention 
defined. 


Preparation 
of primary 
ballots. 


Petition; 
what to 
contain. 




154 


ELECTIOlSrS. 


Proviso. 


with said party at the ensuing election; that they endorse 
the person or persons named in their petition as candi¬ 
date or candidates for nomination for the office or offices 
therein named, or for the position of delegate or dele¬ 
gates to the ensuing state, congressional, county, assem¬ 
bly, city or town, ward or other convention (as the case 
may he) of said political party, and that they request the 
said clerk to print upon the official primary ballot of such 
political party the name of the person or persons therein 
mentioned as the candidate or candidates for such nom¬ 
ination, or for the position of delegate or delegates to 
the said convention, as the case may be; said petition 
shall further state the residence and post-office address of 
each person so endorsed, and shall certify that the person 
or persons so endorsed is or are legally qualified under 
the laws of this state to be nominated, or to act as dele¬ 
gate or delegates, as the case may be; each of the said 
petitions shall be verified by the oath or affirmation of 
one or more of the signers thereof, taken and subscribed 
before a person qualified under the laws of New Jersey 
to administer an oath, to the effect that such petition is 
signed in their own proper handwriting by each of the 
signers thereof; that such signers are, to the best of the 
knowledge and belief of the affiant, legal voters of the 
said ward or township, or borough without wards, as 
stated in said petition, and belong to the political party 
named in said petition, and that such petition is pre¬ 
pared and filed in absolute good faith for the sole pur¬ 
pose of endorsing the person or persons therein named, 
in order to secure his or their nomination or selection as 
stated in said petition; provided^ that in any township, 
ward or borough without wards where the total number 
of votes cast for the candidate of any political party for 
governor at the then next last preceding gubeimatorial 
election did not exceed one hundred the number of sign¬ 
ers to any petition of endorsement belonging to any said 
political party need not exceed one; provided further, 
that the signers to any single petition shall not therein 


Proviso. 




ELECTIONS. 


155 


endorse and recommend more persons as candidates for 
tLe position of delegate or delegates than are to he chosen 
at the ensuing primary election in the ward or township, 
or borough without wards, in which the signers to said 
petition reside, nor shall said signers endorse more per¬ 
sons as candidates for nomination to office than are to 
be elected in the ward or township, or borough without 
wards, in which such signers reside; said petitions shall 
be filed with the municipal clerk not less than ten days 
prior to said primary election. 

301. Sec. 5. Accompanying said petition each person 
endorsed therein shall file a certificate, stating that he is 
qualified for the office or position of delegate mentioned 
in said petition; that he consents to stand as a candidate 
for nomination or for the position of delegate, as the case 
may be, at the ensuing primary election, and that if 
nominated, he agrees to accept the nomination, and if 
chosen a delegate, he agrees to act as such delegate; each 
of said persons so endorsed for the position of delegate 
may further, if he so elects, name the person or persons 
who is or who are his choice for nomination for office at 
the ensuing political convention, and may request the 
said clerk to print the name of such person or persons 
opposite his own name upon the official primary ballot 
in the column prepared for that purpose, as in this act 
provided; the name of any person endorsed as aforesaid 
who shall fail to certify his consent and agreement as 
aforesaid shall not be printed upon the ballots to be used 
at such primary election. 

302. Sec. 6. In any county in this state, the county 
or city committee of any political party may adopt a 
resolution declaring its desire to have the members of 
such county or city committee thereafter elected at the 
primary elections herein provided for; and upon filing a 
copy of such resolution, signed by the chairman and sec¬ 
retary of such county or city committee, with the clerks 
of the several municipalities within such county, it shall 
he lawful thereafter to elect the members of such county 


Certificate of 
acceptance to 
accompany 
petition and 
the form 
thereof. 


Election of 
city or county 
committees. 



156 


ELECTIOI^S. 


or city committee at said primary elections in the man¬ 
ner provided in this act for the selection of party candi- 
' dates to be voted for by the voters of a single ward or 
township. 

Ballots 303 . Sec. 7. The said municipal clerk shall prepare 

prepared by r r r 

“"Jj^^cipai ^nd cause to be printed separate official ballots, one bal¬ 
lot for each political party, members of which have filed 
petitions as aforesaid, for use at such primary elections, 
placing thereon the names of the persons endorsed in said 
petitions; the names of all persons endorsed as aforesaid 
by members of a political party, and no others, shall be 

AJ^ra^ement placed upon the official ballot of that party; the said 
names shall be arranged upon said ballots in alphabetical 
order, except that where several candidates for the posi¬ 
tion of delegate have named the same person or persons 
as their choice for nomination for office at the ensuing 
convention, the names of such candidates may be grouped 
together, being arranged in alphabetical order in such 
group; upon the right hand side of the ballot shall be a 
column in which shall be printed the words ‘^Choice for 

-’’ (governor, congress, sheriff, mayor, or as the 

case may be) in which column, and underneath the words 
aforesaid, shall be printed the name or names of the per¬ 
son or persons whom any candidate for the position of 
delegate endorsed in any of said petitions may in his 
certificate request the municipal clerk to print upon the 
official primary ballot as his choice for nomination for 
office at the ensuing political convention; if the names 
of candidates for the position of delegates are grouped as 
herein provided, and said names may be bracketed and 
the name or names of the persons mentioned as the choice 
of said candidates at the convention may be placed oppo- 

Proviso. site the bracket; provided, that the name of any person 
shall not be printed in the column headed ^^Choice for 
-” opposite the name of any candidate for the posi¬ 
tion of delegate requesting the same to be so printed, 
if such person shall file a written protest with the said 
municipal clerk, requesting said clerk not to print his 





ELECTIONS. 


157 


name opposite the name of the said candidate for the 
position of delegate; at the head of the ballot of each pai.^y“name. 
party shall be printed a distinctive party name or title, 
as for example ^^Democratic Primary Ticket’’ or ‘^Kepiib- 
lican Primary Ticket;” below, in appropriate places 
upon said ballots, shall he printed brief instructions to 
the voter, stating for how many candidates for each 
office, or for the position of delegate, the voter may vote, 
and stating that the voter must indicate his choice in 
each instance by erasing all names printed on said ticket, 
except the names of the candidates for whom he wishes 
to vote; the number of delegates to he elected in each ^tes ^ 
ward or township, or borough without wards, by the 
voters of the respective political parties shall be as fol¬ 
lows: For state conventions of the respective political 
parties there shall be one delegate for every two hundred 
votes cast by the political party for its candidate for 
governor at the gubernatorial election next preceding the 
primary election in question, and one delegate for each 
fraction thereof over one hundred; for all other conven¬ 
tions of the respective political parties there shall be one 
delegate for each one hundred votes cast by the political 
ijarty for its candidate for governor at the gubernatorial 
election next preceding the primary election in question, 
and one delegate for each fraction thereof over forty; 
provided, that each ward or township, or borough with- Proviso, 
out wards, shall be entitled to at least one delegate to each 
convention of each political party; but the delegate to 
any convention of a political party from any ward or 
township, or borough without wards, which at the then 
last preceding gubernatorial election cast for the candi¬ 
date of such party for governor less than the number 
of votes required by this section for one delegate, shall 
have in such convention such vote or fraction thereof as 
may be determined by the official party call of such party 
for such convention; it shall be the duty of the chair- ^ycminty^^ 
man of the county committee of each political party to 
notify the municipal clerk on or before the first day of 



158 


ELECTIOI^S. 


Objection to 
number of 
delegates. 


Hearing on 
objections. 


July of, each year of the number of delegates for which 
the members of the political party represented by the 
said chairman shall be entitled to vote in each election 
district in such municipality; in estimating the num¬ 
ber of delegates to which any political party is entitled 
in the primary election, the said chairman shall be gov¬ 
erned by the official election returns as filed in the office 
of the secretary of state; it shall be lawful for any 
person who shall object to the number of delegates to 
any political convention from any election district, as so 
fixed and determined, to make written application, duly 
verified, to the justice of the supreme court holding the 
circuit court in and for the said county, stating the facts 
of the case and the grounds of such objection, and re- 
'questing the said justice to investigate and determine 
the matter according to law, and if such justice shall be 
of opinion upon the facts stated that the ends of justice 
so require, he shall thereupon proceed in a summary way 
to hear the said application and make such order thereon 
as may be proper and just, which order of said justice 
shall be forthwith filed with the said municipal clerk, and 
such order shall, from the date of the filing thereof, be 
conclusive upon all parties, and shall, according to its 
terms, modify, enlarge or set aside whatever decision, if 
any, may have been made on such matter by said muni¬ 
cipal clerk. 




ELECTIONS. 


159 


Democratic Primary Ticket. 


304. Sec. 8. Said ballot shall b© made up and printed 
substantially in the following form, to wit: 

(Eras© all names except those for whom you wish to 
vote.) 

For Delegates to 
State Convention^ 

(Vote for 2) 

John Doe 
Thomas Jones 
Henry Stone 
Jacob Smith 
James Thomas 
For Delegates to 
Congressional 
Convention.. 

(Vote for 3) 

John Abbott 
Frank Adams 
Charles Gordon 
Herman Keller 
Stephen Lewis 
John Williams 
Frank Young 
For Delegates to 
County Convention. 

(Vote for 2) 

Charles Adams 
Thomas Bacon 


Choice for Governor. 
Samuel Roe 

I Frank Potts 
Choice for Congress. 

George Dickinson 
George Livingston 


Patrick Fay 


Choice for Surrogate. 

Charles Irving. 
Choice for Sheriff. 
Silas Jones. 


Form of 
official ballot. 


Frank Kane 





160 


ELECTIOi^S. 


For Delegates to 
City Convention. 

{Vote for 3) 

William Oran© 

James English 

Charles Garrison 

Henry Morgan 

William Holan. 

For Member of 
Common Council. 

(Vote for 1 ) 

Edward Hall 
George Jackson 
Peter Kandall 
etc., etc., 

using so much of said form as may he applicable to the 
current election and extending the same to provide for 
cases not therein specified, and a like ballot shall be 
printed for all other political parties, 
printed ballots shall be printed on plain whit© 

endorsed, &c. paper uniform in size and quality and type and of such 
thickness that the printing thereon cannot be distin¬ 
guished from the back of the paper, and without any 
mark, device or figure thereon except as in and by this 
act provided; on the back of such ballots shall be printed 
'the words ^‘’Official Ballot of the-Party for Pri¬ 

mary Election, 190—after the designation of the 
year, which shall be in figures, shall follow the name of 
the election district of the municipality for which the 
ballot is provided, followed by a fac-simile of the sig¬ 
nature of the municipal clerk by whom the said ballot 
shall be printed. 


Choice for Mayor. 
Thomas Evans. 


{ Choice for Street and 
Water Commissioner. 
August Miller. 





ELECTIONS. 


161 


306. Sec. 10. Said municipal clerk shall, prior to each 
primary election, at the time and as herein directed, 
provide and furnish for each existing political party, 
members of which have filed petitions as aforesaid, for 
the use of the voters at such primary, for each election 
district in his respective municipality, ballots of the 
kind and description aforesaid, equal to double the num¬ 
ber of votes cast by such political party at the then last 
preceding election for members of the general assembly 
held in such election district; when an election district 
shall be divided or the boundaries thereof changed, or a 
new district created, the municipal clerk shall ascertain 
as nearly as may be possible the number of voters in the 
new or re-arranged or divided district, and provide there¬ 
for a sufficient number of ballots in the above propor¬ 
tion; no envelope shall be used at the primary elections 
held pursuant to this act. 

307. Sec. 11. At least twenty days before any pri¬ 
mary election shall be held under the provisions of this 
act, the clerks of the several municipalities of the state as 
may be proper, pursuant to this act, shall provide for and 
secure in each election district of their respective munici¬ 
palities, a suitable room in which to hold the registry and 
the said primary election, and immediately on procuring; 
said room, such clerk shall notify the registry or poll 
clerk, or board of registry and elections, of such voting 
district, that such room has been procured; and it shall 
be the duty of the clerk procuring such room to arrange 
the same for a polling-room, in the manner required by 
law for general elections, and to have constructed therein 
and ready for use before the primary elections, booths 
and compartments of the kind, number and description 
as are or may be by law required to be provided at the 
annual election for members of the general assembly; 
black lead pencils shall be provided and placed in said 
booths or compartments for use by the voter in preparing 
his ballot to be voted, and no other kind of pencil shall 
be used for such purpose. 


Number of 

ballots 

furnished. 


Voting 
places, 
booths, &c., 
to be provided 
by municipal 
clerka. 


Black lead 
pencils to be 
furnished. 


11 



162 


ELECTIONS. 


Delivery of 
ballots and 
ballot-boxes 
and taking 
receipts 
therefor. 


One 

ballot-box 
for each 
political 
party. 

Ballot-boxes, 

how 

constructed. 


Primary 
elections to 
be conducted 
by boards of 
registry and 
election. 


308. Sec. 12. The said municipal clerk shall, on the 
morning of the day preceding any primary election, 
wherefore they are required by this act to provide ballots, 
cause to be delivered to the clerks of the board of registry 
and election of each election district within his munici¬ 
pality, the ballots and the ballot-boxes provided for each 
election district, and to take a receipt of each election 
clerk therefor, which last mentioned receipt the clerk of 
such municipality shall file and preserve for the period 
of one year; said election clerks shall, on the morning of 
the primary election, before proclamation of the opening 
of the polls, deliver the ballots by them received to the 
election boards of their respective election districts, with 
the seals thereof unbroken, and shall take receipts there¬ 
for from said election board, which said receipts said 
election clerks shall file with the municipal clerk, and the 
same shall be preserved for one year; said municipal 
clerk shall provide a separate ballot-box for each political 
party for each election district in his respective munici¬ 
pality; said ballot-boxes shall be each composed of four 
glass sides, at least one foot wide and one foot high, with 
a wood or metal bottom and top, and with an opening at 
the top through which the ballots shall be inserted into 
the box; any ballot-box which can legally be used at any 
general election for members of general assembly may be 
used at the primary elections held pursuant to this act. 

309. Sec. 13. The boards of registry and election ap¬ 
pointed by the county boards of registry to conduct the 
registry under the act to which this act is a supplement, 
and the poll clerks appointed by such boards of registry 
and election, shall in their respective election districts 
hold and conduct the primary election herein provided 
for; such primary elections shall be held annually, on 
the second Tuesday in September preceding the annual 
election for members of assembly, and shall, as nearly as 
may be, except as herein provided, be in all respects held 
aud conducted as elections for members of the general 
assembly are held and conducted; the two members of 



ELECTIOis^S. 


163 


such board appointed from the political party which at 
the last preceding general election cast the largest num¬ 
ber of votes in their county shall conduct the primary 
election of such party, having sole charge of the ballot- 
boxes of said party, and delivering, receiving and der 
positing the official ballots voted by members of such 
party, and having the sole right to challenge the voters 
otfering to vote the ticket of such party as in this act pro¬ 
vided ; and the members of said board appointed from 
the political party casting the next largest number of 
votes in said county at said election shall, in like manner, 
conduct the primary election of such political party; all 
of the members of said board of registry and election 
shall conduct the primary election of any other political 
party holding a primary election under this act, and shall 
also ascertain and certify to the result of the primary 
election of all political parties holding primary elections 
under this act in the manner herein provided in section 
fifteen; provided, that before proceeding with such elec¬ 
tion each of the four members of the boards of registry 
and election shall take and subscribe an oath to be ad¬ 
ministered by any duly qualified person, or by one mem¬ 
ber of the board to the othersi, that they and each of 
them will, to the best of his understanding and ability, 
conduct such primary election honestly and in accord¬ 
ance with law; that they will challenge, in the man¬ 
ner provided in this act, the vote of any person offiering 
to vote at such election whom they believe not entitled 
to vote thereat, and that they will also challenge the 
vote of any person at such election offering to vote in 
the ballot-box of one existing political party, whom they 
believe or have reason to believe' to belong to another ex¬ 
isting political party, and that they will refuse to receive 
the vote of such person, in case such vote is challenged, 
until he shall have taken an oath or affirmation to be 
administered by a member of the board in the form pre¬ 
scribed in section seventy-four (74) of the act to which 
this act is a further supplement, and also in the follow¬ 
ing form: 


Official oath 
of members 
of board. 


Right to 
challenge. 



164 


ELECTIONS. 


Form of oath 
in case of 
challenge. 


Perjury. 


Party 
registry 
to be kept. 


Polls open 
when. 


Notice of . 
primal-y 
election to 
be given. 


Registration 
of voters. 


^^Yoii do solemnly swear (or affirm), that you are a 
membeir of the political party (specifying the 

political party to which the affiant claims to belong) ; 
that at the last election for members of the general as¬ 
sembly at which you voted, you voted for a majority of 
the candidates of said party whose names were printed 
on the ticket of said party, and that you intend to sup¬ 
port the candidates of said party at the ensuing elec¬ 
tion in the case of voters voting for the first time in this 
state the portion of said oath or affirmation in relation 
to voting at any previous election shall be dispensed with; 
arid if the person so challenged shall refuse to take the 
oath or affirmation so tendeTed to him, he shall be deemed 
not to be qualified or entitled to vote at such primary 
election; any person making such oath or affirmation 
falsely shall be guilty of perjury; any voter who shall 
vote in the ballot-box of one political party at any pri¬ 
mary election held under this act shall not be allowed to 
vote in the ballot-box of any other political party at the 
next thereafteir succeeding primary election; the said 
board of registry and election shall indicate in the regis¬ 
try-book the name of the political party whose primary 
ticket each voter voting at such primary election voted 
by writing opposite the name of each of such voters, in a 
column prepared for that purpose in such registry-book, 
the first letter of the name of such political party, as, for 
example, writing the letter for democratic party, the 
letter for republican party, the letter for pro¬ 
hibition party, and in like manner for other political par¬ 
ties ; at said primary election the polls shall be open at 
one o’clock in the afternoon and close at nine o’clock in 
the evening; notice of the time and place of holding such 
primary elections shall be given by the poll clerks, by 
five or more advertisements posted at conspicuous places 
in the election district at least ten days before such pri- 
maiy elections. 

310. Sec. 14. The said board of registry and election 
shall, prior to or at and during said primary election, in 




ELECTIOIS^S. 


165 


the manner provided by law, register the name of every 
person who is legally qualified to vote at the ensuing 
general election for members of general assembly, and 
all persons so registered shall be entitled to vote at such 
primary election, unless if challenged they shall refuse 
to take the oath or afiirmation as in this act provided; no 
person shall he allowed to vote at any primary election 
unless his name shall appear upon the registry list for 
the election district where he offers to vote, as made up 
at the time of opening the polls for su'ch primary election, 
or unless his name shall be placed thereon before he casts 
his vote; each voter on entering the polling-room shall 
register for the ensuing general election, if qualified to 
do so, unless his name shall be already registered, and 
after such registry shall ask the board of election for the 
party primary ticket he desires to’ vote, and thereupon 
shall receive one ticket of the kind demanded; the said 
voter shall retire with said ticket to one of the booths or 
compartments, and therein with black pencil erase the 
names of all persons on said ballot except those for whom 
he desires to vote; nothing herein shall prevent any 
voter from voting for any person whose name is not on 
his party ticket by writing the same thereon; while in 
the booth or compartment he shall fold the ballot so as to 
expose the endorsement on the back thereof, and on 
emerging from the booth shall proceed directly to the 
ballot-box of his political party, and there deliver his 
ballot, folded as aforesaid, to the proper member of the 
board of election, who shall forthwith, in the presence of 
the voter, deposit the same in the ballot-box provided 
for the political party of such voter, unless challenged or 
disqualified as provided in section thirteen (13) ; should 
any voter to whom an official ballot has been furnished 
spoil or render the same unfit for use, he may obtain 
another from the board of election on returning the one 
so spoiled or unfitted for use, but no more than three 
official ballots, one at a time, shall be furnished to any 


Manner of 
registering 
and voting. 



166 


ELECTIONS. 


When Toter 
may be 
assisted in 
preparing 


Canvassing 
the votes. 


Statement of 
election. 


Form of 
statement. 


voter at any primary election; if any voter shall make 
oath or affirmation that he is unable to read and write, 
and shall request the assistance of the board of registry 
and election in preparing his ballot, the said board shall 
designate one of their number to retire with said voter 
to the booth and assist him in preparing his ballot. 

311. Sec. 15. At the close of the primary election, the 
board of registry and election shall forthwith proceed to 
canvass and count the votes cast at such election, proceed¬ 
ing in the manner‘indicated by the statement hereinafter 
in this section provided for, and as nearly as may be 
in the manner required by law^ the said boards of elec¬ 
tion shall at the conclusion of such canvass make up and 
sigTi a statement of the result of such election, which 
statement they shall as soon as may he transmit to the 
clerk of the municipality within which the said primary 
election is held; said statement shall in words at length 
show the entire number of votes cast at such election, the 
whole number of ballots rejected, the whole number of 
ballots cast for each party as indicated by the party names 
at the head of the respective party tickets, and the num¬ 
ber of votes received by each person as a candidate for 
nomination for office, or for the position of delegate; 
such statement shall be in the following or like form: 

Statement of the result of a primary election held in 
the election district of the 

(municipality) in the county of and state 

of New Jersey, on the day of 

190 : 

At said election the total number 

of votes cast was: 

The total number of democratic ballots cast was: 

The total number of republican ballots cast was : 

The total number of citizens’ reform ballots cast was : 

The total number of democratic ballots rejected was: 

The total number of republican ballots rejected was: 

The total number of citizens’ reform ballots rejected 
was: 




ELECTIONS. 


167 


Eor candidates of the democratic party for the position 
of deleigate to the democratic state convention: 

John Doe received votes; 

Richard Doe received votes; 

Thomas Jones received votes. 

Eor democratic candidate for delegate to the democratic 
congressional convention of the-con¬ 

gressional district: 

A - B - received votes; 

O - D - received votes. 

Eor democratic candidate for delegate to the democratic 
county convention of the county of- 

-received votes; 

.-received votes. 

For democratic candidate for member of the common 
council 


--—-received votes. 

And in like form for all parties having candidates voted 
for at such election. To such statement shall he added 
a certificate in the following form: 

We certify the foregoing to be a true and correct 
statement of the result of the primary elections held in 
such district at the time above stated; that the same truly 
and correctly eKhibits the entire number of votes cast 
for each political party at such election, the whole num¬ 
ber of ballots rejected and the number of said ballots 
rejected beloniging to each party respectively; also the 
number of votes received by any person to be a candi¬ 
date of any party for any office, or for the position of 
delegate named on any ballot or ballots cast at such 
election. 

In witness ivliereof, we have hereunto set our hands 
this day of , one thousand nine 

hundred and 



Board of 
Registry and 
Election. 


Certificate 
added to 
statement. 















168 


ELECTIONS. 


Who elected 
delegates. 


Time and 
place for 
convention. 


If tie vote. 


Credentials. 


312 . Sec. 16 . The persons receiving the highest num¬ 
ber of votes for the position of delegate to any convention 
on any ticket of any political party at such primary elec¬ 
tion, to the extent of the number of delegates which the 
respective wards and townships and boroughs without 
wards are entitled to send to the said convention, shall 
he the duly-elected delegates to such convention, and 
said persons and no others shall he entitled to sit in the 
said convention as delegates as aforesaid, subject to the 
right of the said convention to he the judge of the quali¬ 
fications of its o^vn membeirs in the case of a contest; the 
time and place of holding such conventions shall be de¬ 
termined by the state, congressional, county, or other 
proper committee of the respective political partiesi, but 
shall in all cases be after the holding of the primary elec¬ 
tion as herein p'rovided; in the event that by reason of 
tie voting more candidates shall receive a sufficient num¬ 
ber of votes to entitle them to be elected as delegates than 
the number of delegates the ward or township, or bor¬ 
ough without wards, is entitled to send to the convention, 
the additional candidates so voted for shall be consid¬ 
ered as chosen delegates to said convention, but in such 
convention they shall be entitled only to the appropriate 
fraction of a vote; that is to say, if a ward or township, 
or borough without wards, shall be entitled to send three 
delegates to a convention, and two candidates receive re¬ 
spectively the highest and the next highest number of 
votes, and the three candidates receiving the next highest 
number of votes shall each receive the same number of 
votes, the said three candidates shall also be elected dele¬ 
gates to the convention, but shall be entitled to only one^ 
third of a vote each therein ; the said municipal clerk 
shall deliver a certificate showing the result of said elec¬ 
tion to each of the persons ascertained as aforesaid to be 
successful candidates, which certificate shall be the cre¬ 
dentials of the said delegates at the ensuing conventions 
of the respective parties. 





ELECTIONS. 


169 


313. Sec. 17. The immicipal clerk shall send to the 
county clerk of his county a certificate showing the per¬ 
son in each political party receiving the highest number 
of votes for any office for which the candidate is to be 
voted for at the general election only in a single ward or 
township, and such person shall he the candidate of his 
political party at the ensuing election, and the county 
clerk shall cause his name to be printed as such candidate 
upon the official ballot of his party; in the event of a 
failure to select such candidate for any political party 
by reason of two or more persons receiving the highest 
and the same number of votes, the proper committee of 
the said political party shall select from the said candi¬ 
dates one to be the party candidate for the office in ques¬ 
tion, and file a statement of such selection with the mu¬ 
nicipal clerk, and the person so selected shall be the can¬ 
didate of the party at the ensuing election; in the event 
cf a failure of the said committee to make such selection, 
the municipal clerk shall make the selection from the 
persons receiving said highest and the same number of 
votes; in the event that any candidate chosen at a pri¬ 
mary election for any ofiice, the candidates for which are 
to be voted for only by the voters of a single ward or 
township, shall die, or remove from the ward, township 
or borough, or decline to run as a candidate, before the 
ensuing election, the proper committee of the party to 
which the person so declining or dying belongs shall have 
the power to fill said vacancy by filing a new nomination 
with the proper municipal clerk; notice of the selection 
as aforesaid shall be given by the municipal clerk to the 
county clerk. 

314. Sec. 18. Whenever it shall appear that any error 
or omission has occurred in the printing of the ballots 
for any primary election, by any municipal clerk, any 
voter resident in any election district affected by such 
error or omission may present to the justice of the su¬ 
preme court holding the circuit court in and for the 
county containing said election district a verified state- 


Seleetlon of 
candidates in 
wards and 
townships. 


Vacancies. 


Correction of 
errors in 
ballots. 



170 


ELECTIONS. 


Procedure 

where 

candidate or 
delegate dies 
or declines. 


Vacancies 

among 

delegates. 


Member of 
one party not 
to petition or 
vote in box of 
another. 


ment setting forth such error or omission, and such jus¬ 
tice, being satisfied thereof, shall thereupon summarily, 
by his order, require the municipal clerk to correct such 
error and omission, or show cause why such error and 
omission should not be corrected. 

315. Sec. 19. Should any person endorsed in any 
petition as a candidate to be voted for at any primary 
election die before such election, or in writing filed with 
the municipal clerk seven days before the primary elec¬ 
tion decline to stand as a candidate, the vacancy or va¬ 
cancies thus caused shall be filled by a majority of the 
persons signing the petition in and by which the person 
so dying or declining was endorsed, filing with the mu¬ 
nicipal clerk a new petition setting forth the name of the 
person declining or dying, the office for nomination to 
which or the position of delegate for which he was en¬ 
dorsed and the name of the person to be substituted; the 
said petition shall be verified by three of the signers; the 
said new petition shall have the same force and effect 
as the original petition, and the name of the person so 
substituted shall be printed upon the ballots in the place 
and stead of the person dying, or declining as aforesaid. 

316. Sec. 20. In the event that any person so elected 
a delegate as aforesaid to any convention shall, after such 
election and before the meeting of such convention, die, 
or in writing addressed to the chairman of the said con¬ 
vention shall decline to act as such delegate, his place as 
such delegate shall be filled by a majority vote of the 
other delegates selected from the ward or township, or 
borough without wards, in which the person so dving or 
resigning was elected. 

317. Sec. 21. No member of one political party shall 
sign his name to any petition purporting to endorse any 
person as a candidate for delegate to the convention of 
another political party, or as a candidate for office of 
another political party, nor shall any member of one po¬ 
litical party vote in the ballot-box used for the primary 
election of another political party; any person who, be- 




ELECTIONS. 


171 


ing a member of one political party, shall sign his name 
to any petition endorsing any person as a candidate for 
delegate to the convention of another eixisting political 
party, or as a candidate for office of another political 
party, or any person who, being a member of one politi¬ 
cal party, shall vote in the ballotrbox used for the pri¬ 
mary election of another political party, shall in each 
case be guilty of a misdemeanor, and, on conviction, 
shall be punished by a fine not eixceeding five hundred 
dollars, or be imprisoned not exceeding two years, or 
both, at the discretion of the court. 

318. Sec. 22. If at any primary election the ballots 
for any political party to be furnished therefor as here¬ 
inbefore provided shall not be delivered at the time 
above mentioned, or if after delivery they shall be de¬ 
stroyed or stolen, and other official ballots cannot be ob¬ 
tained in time for such primary election, it shall be the 
duty of such municipal clerk, or the clerk of the board of 
election, as the case may be, to cause other ballots to be 
printed as nearly in the form prescribed by this act as 
practicable, but without the endorsement on the back 
thereof, which ballots so substituted shall be used at such 
primary elections; if from any cause neither the official 
ballots or ballots otherwise prepared as hereinbefore de¬ 
scribed shall be ready for distribution at any polling 
place, or if the supply of ballots for any political party 
shall be exhausted before the polls are closed, unofficial 
ballots, made as nearly as possible in the form of official 
ballots, shall be used; wffiere the use of official ballots is 
for any of the reasons aforesaid dispensed with, the mode 
and manner of voting shall nevertheless in all respects 
conform as nearly as possible to the directions and re¬ 
quirements of this act. 

319. Sec. 23. No person shall vote at any primary 
election unless his name shall appear on the registry of 
voters made in the election district where he' offers his 
vote, or unless his name shall be placed thereon before 
he casts his vote; any person so voting shall be punished 
as now provided by law for illegal voting. 


Penalty. 


When ballots 
not official 
may be used. 


Registration 
before voting 
required. 




172 


ELECTIO]SrS. 


To what 
elections 
this act is 
applicable. 


The appoint¬ 
ment of chal¬ 
lengers. 


Candidates 
may also be 
challengers. 


320. Sec. 24. I^othing in tliis act contained shall ap¬ 
ply to or in any wise affect any election hereafter to be 
held in this state upon any day other than the day of the 
general election for members of the general assembly. 

321. Sec. 25. The chairman of the county committee 
of each political party in each county of the state may 
appoint two agents for each election district in his county; 
such agents shall be the authorized agents and challengers 
of their respective parties at the primary elections held 
under this act, and shall be at liberty to challenge the 
right of any person to vote thereat; the appointment of 
agents may be made in writing under the hand of the 
respective county chairmen, -and shall specify the names 
and residences of the agents, and the election districts 
for which they are severally appointed; such appoint¬ 
ment papers shall be filed with the respective boards of 
election in the districts named therein as evidence of the 
authority of such agents to be present in the polling 
place; said agents may be present inside the railed en¬ 
closure while the votes cast at the primai’y are being cast 
and counted, and hear and see said ballots counted; and 
every person whose name shall be printed upon the offi¬ 
cial primary ballot shall also have all the rights and 
privileges of a challenger as hereinbefore provided. 

322. Sec. 26. 
which see.] 

323. Sec. 27. 
which see.] 

324. Sec. 28. [This section amends section 21 ante, 
which siee.] 

325. Sec. 29. 
which see.] 

326. Sec. 30. 
which see.] 

327. Sec. 31. Section one hundred and seventy-eight 
(178) of the act to which this act is a further supple¬ 
ment is amended so as to read as follows: 


[This section amends section 15 ante, 
[This section amends section 20 ante. 


[This section amends section 23 ante, 
[This section amends section 60 ante. 



ELECTIONS. 


178. The compensation of each member of the boards 
of registry and election for all services performed by 
them under the provisions of this act shall be as follows: 
In cities having a population exceeding thirty thousand, 
for the first registry day, including services rendered at 
the primary election, ten dollars ($10), and for each 
other registry day five dollars ($5), and for the -elec- 
lion day, including the counting of the votes and the de¬ 
livery of the returns and ballot-box with contents to the 
municipal clerk, ten dollars ($10), which compensation 
shall be the same for both the general election and the 
municipal election; and in all other cities, townships 
and other municipalities the compensation of each mem¬ 
ber for all such services in connection with any local or 
primary or charter election shall be, for the primary 
election day, five dollars ($5) ; for each registry day, 
three dollars ($3) ; and for the election day, including 
the counting of the votes and delivery of the returns 
and the ballot-box, seven dollars ($7), and for all such 
services in connection with the general election or any 
special election held in and for the whole county such 
compensation shall be fifteen dollars ($15) in districts 
where the number of registered voters is not more than 
one hundred and fifty (150), twenty dollars ($20) in 
districts where the number of registered voters is more 
than one hundred and fifty (150) and not more than 
three hundred, and twenty-five dollars ($25) in dis¬ 
tricts where the number of registered voters is more than 
three hundred (300), said sums to be paid by the county 
.collector, and to be in lieu of all other fees and charges 
whatsoever, (a) 

328. Sec. 32. Section two hundred and sixteen (216) 
of the act to which this act is a further supplement is 
hereby repealed. 

{a) This act was approved April 14, 1903. The amendment contained 
in section 178 ante w-as approved April 15, 1903. Query —Do not both 
of these amendments stand? Is there anything in the amendment of 
April 14 repealed by the amendment of April 15? 



Compensa¬ 
tion of 
members of 
registry and 
election 
boards. 
[Amended, 

P. L. 1899, p. 
13; P. L. 
1901, p. 258; 
P. L. 1903, p. 
628; P. L. 
1903, p. 711.1 


Repealer. 



174 


ELECTIONS. 


What 
sections 
applicable to 
primary 
elections. 


329. Sec. 33. The following sections of the act to 
which this act is a further supplement shall apply, so far 
as may be, to the primary elections held pursuant to this 
act: sections thirty-three (33), thirty-four (34), thirty- 
five (35), thirty-six (36), forty-eight (48), fifty-three 
(53), fifty-five (55), fifty-six (56), fifty-seven (57), 
fifty-eight (58), fifty-nine (59), sixty-two (62), sixty- 
three (63),. sixty-five (65), sixty-six (66), sixty-eight 
(68) to seventy-nine (79) (both inclusive), eighty-one 
(81), eighty-two (82), eighty-three (83), eighty-four 
(84), eighty-six (86) to ninety-two (92) (both inclu¬ 
sive), ninety-eight (98), ninety-nine (99), one hundred 
(100), one hundred and seventy-nine (179), one hun¬ 
dred and eighty (180), one hundred and eighty-six 
(186), one hundred and eighty-seven (187), one hun¬ 
dred and eighty-eight (188), one hundred and ninety 
(190), one hundred and ninety-one (191), one hundred 
and ninety-three (193) to two hundred and thirteen 
(213) (both inclusive), two hundred and fourteen (214), 
two hundred and fifteen (215), two hundred and seven¬ 
teen (217), two hundred and eighteen (218) and two 
hundred and nineteen (219). 

330. Sec. 34. All acts and parts of acts which in any 
wise conflict with the provisions of this act are hereby 
repealed, and this act shall take effect immediately. 


Repealer. 




ELECTIONS. 


175 


Election Concerning Constitutional Amendments. 

An Act to provide for submitting proposed amendments 
to the constitution of this state to the people thereof. 
Approved April 8, 1903. P. L. 1903, p. 350. 

Whereas^ Certain proposed amendments to the consti¬ 
tution of this state were, at the session of the legis¬ 
lature held in the year nineteen hundred and two, 
agreed to by a majority of the members elected to 
each of the two houses thereof, and entered on the 
journals of each of said houses with the yeas and nays 
taken thereon, and referred to the legislature then next 
to be chosen; and. 

Whereas^ The said proposed amendments were pub¬ 
lished, as required by the constitution; and, 
AViiereas^ In the legislature then next chosen the said 
proposed amendments have been agreed to by a ma¬ 
jority of all the members elected to each house; and. 
Whereas^ The constitution of this state requires the leg¬ 
islature to submit such proposed amendments as have 
been agreed to as aforesaid to the people at a special 
election to be held for that purpose only; therefore, 

331. Sec. 1. On Tuesday, the twenty-second day of 
September next, a special election shall be held in the 
several election districts or precincts of this state, at such 
places as the clerks of the several townships, cities and 
municipalities of the state shall provide and secure, to 
enable the electors qualified to vote for members of the 
legislature to vote for or against each of said proposed 
amendments to the constitution. 

332. Sec. 2. The district boards of registry and elec¬ 
tion in the several election districts or precincts shall con¬ 
duct said special election; the polls shall be opened and 
closed at the times now fixed by law for opening and 
closing the polls at the election for members of the gen¬ 
eral assembly, and said special election shall be con¬ 
ducted, so far as practicable, in the same manner now 


Preamble. 


Constitu¬ 
tional amend¬ 
ments to be 
submitted at 
special 
election. 


Election, how 
conducted. 



176 


ELECTIONS. 


required by law in conducting annual elections for mem¬ 
bers of the general assembly, except as otherwise directed 
in this act. 

Forin of 333. Sec. 3. The ballot shall be delivered to the voter 

in the following form: 

^LVkticle V. 

^‘EXECUTIVE. 


Court of 
pardons. 


^^1. Insert in lien of paragraph 10 a new paragraph, as 
follows: 

‘‘10. The governor, or person administering the gov¬ 
ernment, the chancellor and the attorney-general, or two 
of them, of whom the governor, or person administering 
the government, shall be one, may remit fines arid for¬ 
feitures and grant pardons, after conviction, in all cases 
except impeachment. 


“Article VI. 


“judiciary. 


Court of 
errors and 
appeals. 


Temporary 
appointment 
where any 
judge is dis¬ 
qualified, &c. 


“1. Insert in lien of section II., a new section as fol¬ 
lows : 

“1. The court of errors and appeals shall consist of 
a chief judge and four associate judges, or any four of 
them. 

“2. In case any judge of said court shall be disquali¬ 
fied to sit in any cause, or shall be unable for the time 
being to discharge the duties of his office, whereby the 
whole number of judges capable of sitting shall be re¬ 
duced below four, the governor shall designate a justice 
of tlie supreme court, the chancellor or a vice chancellor, 
to discharge such duties until the disqualification or ina¬ 
bility shall cease. 






ELECTIONS. 


177 


^^3. Tlie secretary of state shall he the clerk of this 
court. 

^‘4. hen a writ, of error shall he hrought, any judicial 
opinion in the cause, in favor of or against any error com¬ 
plained of, shall he assigned tO' the court in writing; 
when an apjx-al shall be taken from an order or decree 
of the court of chancery, the chancellor or vice chancellor 
making such decree or order shall inform the court in 
vrriting of his reasons therefor. 

The jurisdiction heretofore exercised by the su¬ 
preme court by writ of error shall he exclusively vested 
in the,court of errors and appeals; but any writ of error 
pending in the supreme court at the time of the adoption 
of this amendment shall he proceeded upon as if no 
change had taken place. 

^^Section IV. 

^^1. Insert in lieu of paragraph 1 a new paragraph as 
follows: 

^^1. The court of chancery shall consist of a chan¬ 
cellor and such number of vice chancellors as shall be 
jjrovided by law, each of whom may exercise the juris¬ 
diction of the court; the court shall make rules govern¬ 
ing the hearing of causes and the practice of the court 
Avliere the same is not regulated by statute. 


Section Y. 

‘d. At the end of paragraph 1 add the following: 

^^The court may sit in divisions at the same or dif¬ 
ferent times and places. 

‘^Strike out paragraph 3 of section 5 of article VI., 
relating to writs of error from the circuit court, which 
reads as follows: 

^‘Filial judgments in any circuit court may be brought 
by writ of error into the supreme court, or directly into 
the court of errors and appeals. 

12 


Clerk of 
court. 


Reasons in 
writing on 
writ of error 
or on appeal. 


Jurisdiction 
by writ of 
error vested 
in court of 
errors and 
appeals. 


Court of 
chancery— 
jurisdiction 
and rules. 


Division of 
court. 


Paragraph 
stricken out. 




178 


ELECTIONS. 


Court of 
common 
pleas. 


Judicial 
officers 
nominated by 
governor ; 
confirmed by 
senate. 


Terms and 
compensa¬ 
tion. 


^‘Section YI. 

Insert in lieu of paragraphs 1 and 2 .the following: 
“^^The court of conunon pleas sliall be constituted and 
lield in each county in such inanner as may be provided 
by law. 


^hVirncLE VII. 

^hlVUL OFFICERS. 

Section II. 

Insert in lieu of paragraph 1 a neAV paragraph as 
follows: 

Judges of the court of errors and appeals, justices 
of the supreme court, the chancellor, the vice chan¬ 
cellors, and the judges of the circuit court and of the 
court of common pleas shall be nominated by the gov¬ 
ernor and appointed by him with the advice and consent 
of the senate; all persons now holding any office in this 
paragraph named, except the judges of the court of 
errors and appeals, as heretofore existing, shall con¬ 
tinue in the exercise of the duties of their respective 
offices according to their respective commissions or ap¬ 
pointments; the judges of the court of errors and ap¬ 
peals, except those first appointed; the justices of the 
siijireme court, the chancellor and the vice chancellors 
shall hold their offices for the tenn of seven years, and 
shall, at stated times, receive for their services a com¬ 
pensation which shall not be diminished during the 
term of their appointments; and they shall hold no other 
office under the government of this state or the United 
States; the judges of the court of errors and appeals 
first appointed shall be appointed one for three years, 
two for five ^^ears and two for seven years; judges of 
the court of common pleas shall hold their offices for the 
term of five years. 

^^Strike out paragraph 2 of section II., of article VII., 
relating to the judges of the court of common pleas, 
which reads as folloAvs: 




ELECTIONS. 


179 


‘^Judges of tlie courts of common pleas shall be ap- 
liointed by the senate and general assembly in joint meet¬ 
ing ; they shall bold their offices for five years, but when 
appointed to fill vacancies they shall hold for the unex¬ 
pired term only. 


^‘^DIRECTIOXS FOE VOTING. 

^^If you are in favor of all the amendments, 
vote the ticket as printed, without change; if 
you desire to vote against any particular 
amendment, write the word ffigainst’ on the 
margin of the ballot opposite such amendment; 
if you do not desire to vote for or against any 
particular amendment, draw a line or lines 
through such amendment; use either black ink 
or lead pencil that writes black.’’ 

334. Sec. 4. Said ballot deposited in the ballot-box 
shall be counted as a vote in favor of all the amendments, 
except that if the voter shall have written the word 
^ffigainst” in the margin opposite to any amendment, the 
ballot shall be counted as a vote against said amendment; 
and if he shall have drawn one or more lines across any 
amendment, the ballot shall not be counted as a vote upon 
that amendment; such writing or lines shall be made 
with black ink or a pencil that writes black. 

335. Sec. 5. All persons entitled to vote in this state 
for members of the legislature at the time of said special 
election shall be entitled to vote in their respective elec¬ 
tion districts or precincts; provided, they shall have been 
registered as hereinafter provided. 

336. Sec. 6. It shall be the duty of the district boards 
of registry and election to make, alter and revise, as the 
case may require, the registry of voters entitled to vote 
in their several districts or voting precincts, for use at 
said special election, in the manner now required by law 
for general elections; provided, however, that where the 


Paragraph 
strickeu out. 


How to vote. 


How ballots 
shall be 
counted. 


Who may 
vote. 


Registration 
of voters. 



180 


ELECTIOE^S. 


Duties of 
county board 
of election as 
to registry. 


Laws 

applicable 

hereto. 


election districts or voting precincts have remained un¬ 
changed since the last local or municipal election, it shall 
not be necessary for said district boards of registry and 
election to make a new registry of the voters in such dis¬ 
tricts or precincts, but only to revise and correct the 
registry used at such local or municipal election, and for 
that purpose the said district hoards of registry and ele-c- 
tion shall meet at the places in their respective election 
districts or precincts where the said special election shall 
be held, or at such other places as shall be designated 
by the clerk of such city, township or municipality, on 
Tuesday, the fifteenth day of September next, at one 
o’clock in the afternoon of that day, and continue in ses¬ 
sion until nine o’clock in the evening, for the purpose 
of revising and correcting the registry and of adding 
thereto the names of all persons entitled to vote at said 
special election who shall appear in person before them 
and establish to the satisfaction of a majority of such 
boards that they are entitled to vote in that election dis¬ 
trict or precinct at such special election, or who shall be 
shown by the written affidavit of a voter residing in the 
same district or precinct to be so entitled to vote; a 
separate affidavit shall be required for each person so reg¬ 
istered, which shall contain the address of the affiant and 
shall be signed by him. 

337. Sec. 7. The county boards of election in the sev¬ 
eral counties shall sit on the Saturday next preceding 
such election, and also on the day of election, from eight 
o’clock in the forenoon till five o’clock in the afternoon 
of each of said days, and perform the same duties in 
respect to such registry as is now provided by law in 
respect to the registry for any general election, and each 
member of said board shall receive the sum of five dol¬ 
lars for his services under the provisions of this act for 
each of said days. 

338. Sec. 8. All laws respecting illegal voting or other 
offenses against the election laws of this state shall be 
applicable to such special election. 



ELECTIO^s^S. 


181 


339. Sec. 9. 'No official envelop© shall b© reqiiireid or 
used at such election^, but ©ach person entitled to vot© 
shall receive on© ballot, to b© furnished by a member of 
the board of election, and shall retir© with th© sam© into 
on© of the election booths to prepare his ballot, and shall 
then deliver the same folded to a member of the election 
board, whb shall immediately deposit th© same in th© 
ballot-box in th© pr©sencei of th© voter ; the manner of 
voting and th© procedure of th© election officers shall in 
all respects, as far as practicable, conform to the require¬ 
ments of the general law respecting elections. 

340. Sec. 10. After finally closing the polls of such 
election, the respective boards of registry and election 
shall count and canvass the ballots given relative to each 
of th© said proposed amendments to the constitution, and 
thereupon shall set down in writing the whole number of 
votes given for each of the said proposed amendments in 
the words in which the said proposed amendment is here¬ 
inbefore given, and the whole number of votes given 
against ©ach of th© said proposed amendments as here^ 
inbefor© given, and shall certify and subscribe a state¬ 
ment of the result of th© same, and cause th© sam© so 
certified to be delivered to th© clerk of the counity in 
which the election district or precinct is situated within 
three days after said election, who shall forthwith file 
the same in his office as an official paper. 

341. Sec. 11. The county boards of election of the 
several counties of this state shall meet on Monday, the 
twenty-eighth day of September next, at the hour of 
eleven o’clock in th© forenoon of that day, at the coiirt- 
liouses of their respective counties; the clerk of the 
county shall thereupon produce before said board the cer¬ 
tificates filed in his office in pursuance of the preceding 
section of this act, and said board shall thereupon pro¬ 
ceed to examine the same and make and certify duplicate 
statements of the result of said election as shovm thereby, 
and cause one of such statements so' certified to be de¬ 
livered to the clerk of the county, who shall forthwith 


Official 
envelope not 
required. 


Manner of 
voting. 


Canvassing 
and certify¬ 
ing the 
result of the 
election. 


County 
boards of 
election to 
make and file 
statements. 



182 


ELECTIO^s'S. 


Board of 
state 

canvassers, 
appointment 
and duties of. 


Governor to 
issue procla¬ 
mation. 


file the same in his office as an official paper; and said 
board shall cause the other of such statements to be 
transmitted by mail to the secretary of state on or before 
the third day of October next, who shall forthwith file 
snch statement in his office as an official paper; the said 
county board of election shall have power to adjourn 
their meeting if necessary in order to properly discharge 
their duties under this section. 

342. Sec. 12. It shall be the duty of the governor to 
summon to attend him, on the thirteenth day of October 
next, four or more of the members of the senate, who 
shall meet on said day of October in the senate chamber, 
in the city of Trenton, at the hour of two o’clock p. 
and they, with the governor, shall constitute a board of 
state canvassers to canvass and estimate the votes given 
for and against each of said amendments, and the said 
board of state canvassers shall proceed to organize and 
determine the result according to the provisions of the act 
entitled ^TVn act to regulate elections” (Revision of 
1898), approved April fourth, eighteen hundred and 
ninety-eight, so far as they are applicable, and it shall be 
the duty of the secretary of state to produce and lay be¬ 
fore siich board all such statements and copies as relate to 
such election which he shall have received or obtained 
pursnant to this act or pursuant to the above^stated act to 
regulate elections; the said board of state canvassers 
shall determine and declare which of said proposed 
amendments have been adopted, and shall forthwith 
deliver a statement of the result as to each amendment 
to the secretary of state of this state, to be filed in his 
ofiice as an official paper; and any proposed amendment 
which by said certificate and determination of the board 
of state canvassers shall appear to ‘have received in its 
favor a majority of all the votes cast in the state for and 
against said proposed amendment shall from the time of 
filing such certificate be and become an amendment to 
and part of the constitution of this state; and it shall 
be the duty of the governor of this state forthwith, after 



ELECTIOXS. 


183 


sncli (leteriniiiation, to issue a proclamation declaring 
wliicli of said proposed amendments liave been adopted 
bj the i)eople. 

343. Sec. 13. Xotice of the time and purpose of said 
special election, which notice shall contain such proposed 
amendments in full, shall he pnidislied in at least two 
newspapers printed and circulated in each county of this 
state for four Aveeks, once in each Aveek, next preceding 
said tAATiity-second day of Se])temher, said neAA^spapers 
to he designated l)y the president of the senate, the 
speaker of the lionse of assemldy and the secretary of 
state, and tlie secretary of state shall furnish a copy of 
such notice to each of tlie neAvs]:)apers so selected, but 
neglect or failure to make such publication shall not 
impair the Anlidity of such special election. 

344. Sec. 14. The same notice of meeting of the dis¬ 
trict hoards of registry and election for the purpose of 
making or rcAusing registries to he used at such election, 
and the notice of such special election in the Anrions elec¬ 
tion districts or precints shall he giAnn as is uoaa^ required 
by laAv in cases of the election for memhers of the legis¬ 
lature. 

345. Sec. 15. For the serAUces and duties required 
and imposed npon them, nndea' and by Aurtne of this act, 
tlie memhers of the hoards of registry and election shall 
each receiA’-e the sum of three dollars for making or re- 
Ausing the registry and fiA^e dollars for conducting the 
election, to he paid as the expenses of elections for mem¬ 
hers of the general assembly are iioaa’ paid. 

34G. Sec. 16. The price for publishing in any iieAvs- 
jiaper the notice of this election required to he giAnn by 
the secretary of state shall he sixty cents per folio of one 
hundred AAnrds for the first insertion', and thirty cents 
per folio for each snhseqnent insertion after the first. 

317. Sec. 17. It shall he the duty of the secretary of 
state to prepare and liaAn printed a sufficient number of 
ballots required by this act, in the form herein proAnded, 
for the use of the A^oters, and shall, at least tAA^o Aveeks be- 


Xotice of 
special 
election to be 
published. 


Notice of 
meeting of 
boards of 
registry and 
election to be 
given. 


Compensation 
of election 
oflacers. 


/ 


Publisher’s 

fee. 


Secretary 
of state to 
prepare and 
furnish 
ballots, 
blanks, &c. 



184 


ELECTIONS. 


County 
clerks’ duties. 


Official 
ballot, how 
endorsed. 


Ballots may 
be procured 
from 
secretary 
of state. 


foro the time herein fixed for said special election, trans¬ 
mit to the clerk of each county in this state a sufficient 
number for the use of the voters therein, and also blank 
statements of the result of the election and copies of this 
act; and it shall be the duty of the clerk of each county, 
at least one week before said election, to transmit to the 
district board of registry and election in each election 
district or precinct in his county a sufficient number of 
such ballots and blank statements for the use of the voters 
and the board of election in such district or precinct; 
on the back of each of said ballots shall be printed 
the words ^^special election, September twenty-second, 
nineteen hundred and three; official ballot;’^ then shall 
follow the fac-simile of the signature of the secretary 
of state, and no ballot shall be used or counted at such 
election except such official ballots; promdedj that if in 
any election district the official ballots shall not have 
been delivered, or shall have been destroyed or stolen, 
or the supply of ballots shall have become exhausted, 
the deficiency shall be supplied in the manner provided 
by the provisions of the law regulating general elections, 
and such proceedings shall be taken as shall conform as 
nearly as possible to the requirements of that law. 

348. Sec. 18. Any voter may procure from the secre¬ 
tary of state official ballots for said election in the man¬ 
ner and upon the same terms as are provided by law for 
furnishing official ballots at general elections upon pay¬ 
ment of the expense of printing the same, which ballots 
the secretary of state is required to furnish; said ballots 
may be distributed before election day, and the same 
may be voted by any voter desiring to do so under the 
restrictions and regulations prescribed by law. 



ELECTTOXS. 


185 


New Jersey Constitution. 


ARTICLE II. 


Right of Suffrage. 


349. Sec. 1. Eveirv male citizen of the United States, 
of tlie age of twentj-one years, who shall have been a 
resident of this state one year, and of the county in 
Avhich he claims his vote five months, next before the 
election, shall be entitled to vote for all officers that now 
are or hereafter may be elective by the people;(a) pro¬ 
vided, that no person in the military, naval, or marine 
service of the United States shall be considered a resi¬ 
dent in this state by being stationed in any garrison, 
barrack,, or military or naval place or station within this 
state; and no pauper, idiot, insane person or person con¬ 
victed of a crime which now excludes him from being a 
witness, unless pardoned or restored by law to the right 
of suffrage, shall enjoy the right of an elector ;(?>) and 
provided fuidher, that in time of war no elector in the 
actual military service of the state, or of the United 
States, in the army or navy thereof, shall be deprived of 
liis vote by reason of his absence from such election dis¬ 
trict; and the legislature shall have power to provide 


(a) The residence required to entitle a person to vote means his 
fixed domicile or permanent home, and is not changed or altered by his 
occasional absence with or without his family. Cadivalader v. Howell, 
3 Harrison 138. 

(h) The above constitutional provision was adopted in 1844. At 
that time the statute disqualifying witnesses provided “that no person 
who shall be convicted of blasphemy, treason, murder, piracy, arson, 
rape, sodomy, or the infamous crime against nature, committed with 
mankind or with beast, polygamy, robbery, conspiracy, forgery, or larceny 
above the value of six dollars shall in any case be admitted as a witness 
unless he or she be first pardoned ; and no person who shall be convicted 
of perjury, or of subornation of perjury, although pardoned for the 
same, shall be admitted as a witness in any case.” 


Right of 
suffrage, 
vested in 
whom. 


What soldiers 
not entitled 
to vote. 


Paupers, &c., 
not entitled 
to vote. 


What soldiers 
entitled to 
vote. 


Powers of 
legislature as 
to vote of 
soldiers. 





186 


ELECTIOXS. 


Bribery a 
cause for 
disfran¬ 
chisement. 


the manner in which, and the time and 2 >lace at which, 
such absent electors may vote, and for the return and can¬ 
vass of their votes in the election districts in which they 
respectively reside, (a) 

350. Sec. 2. The leigislature may pass laws to deprive 
persons of the right of suffrage who shall he convicted of 
hriherv. 


(a) The right to vote, secured by the constitution, can only become 
operative by legislation ; and any reasonable legislative regulation for 
the purpose of securing an enforced secrecy of the ballot is not a depriva¬ 
tion of a right to vote. Ransom v. Black, 25 Troom 44G. School 
trustees are officers within this article of the constitution, so that, if 
they are made elective by the people, only male citizens can vote for 
them. Kimball v. Hindee, 28 Vroom 307. A statute cannot confine the 
right to vote for road commissioners to the freeholders of the district nor 
extend it to females or to non-residents of the district. Allison v. Blake, 
28 Vroom C. An election held in accordance with a statute which 
prohibits from voting a large class of persons having a constitutional 
right to vote, does not confer a legal title to the office upon the person 
elected. Allison v. Encjlcwood, 29 Vroom 140. 




INDEX. 






V '.'7 


I • 


m. 



wm 


* • • J • 


V* ! y ■’ ;»,r,. ,_. , 

.'f > 

"-^^Kr 


M 




ST^'- T^'V'-’ -To/' . - 




s', 




* <‘-1 r » 4 f 




M VnS. 

■ A’ 


. 1 ., 





• -/r 






c ' »«*^i > 4.,, ^ 


;■' '■; ‘ K* A'»< f 

V# '',*»• I -^."*■4 ■ • 


t' 4-^ ' ^ Am u ^ ' 

!,.. :j’’'„.Xi WWl 

- ■ - • . . 
t I 

I 1 ' 






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E 





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— * »■*»#*? ’ m 











INDEX 


A. 


Adjoiiniment of county canvassers, proceedings on, sections 105, 107. 

election board, during election day, section 4. 
not to be bad after election until votes are counted, section 89. 
proceedings on adjourning before close of election, section 77. 
Affidavits for registration of voters to be filed, sections 32, 35. 

to secure registry of voters, sections 21, 22, 24, 32, 35. 
election boards may take, section 16. 

Agents allowed within railed inclosure, when, section 63. 
appointment of, for polling places, section 63. 
authority of, as challengers, section 63. 
number of, section 63. 

permits to, delivered to board of election, section 63. 
permits to, issued by eounty boards of election, section 63. 
written appointments of, filed with county board, section 63. 

Alien, oath of person challenged as, section 73. 

Amending certificates and petitions of nominations, section 235. 

Annexed territory, first election in, section 237c^, &c. 

Annual general election, held when, section 1. 

in every city, town, borough, &c., held when, sections 
2, 238. 

Arrest, freedom from, on civil process on election day, section 70. 

persons selling liquor on election day, section 194. 

Assembly, general, see General Assembly. 

Assistance to blind or disabled voters, section 81. 

Assistant to blind or disabled voter not to reveal for whom he voted, section 81. 


B. 

Ballot-boxes, ballots, poll-list, &c., deposited in, after election, section 99. 
constructed, how, section 60. 
contents of, preserved how, section 100. 
custody of, after election, sections 99, 100. 
custody of, during adjournment on election day, section 77. 
deposited where, in cities, section 99. 
exhibited before receiving votes, section 66. 
keys of, custody after election, section 67. 
keys of, custody during election, section 65. 
located within railed inclosure, section 78. 


(189) 



190 


INDEX. 


Ballot-boxes, penalty for obstructing officers carrying to city clerk’s office, 
section 101. 

poll-l)Ook, deposited in, on adjournment before and after close of 
election, sections G7, 77, f)9. 
primary elections, for, section GO. 
provided and kept in repair by whom, section GO. 
public view of, during adjournment, section 77. 
record of receipt of, kept by city clerk, section 99. 
robbing, penalty for, section 190. 

Ballots, black ink or pencil must be used in writing names on, sections 59, 85. 
canvassed, bow, see Canvass of votes. 
considered void in part, when, section 92, 
considered void totally, when, sections 58, 59, 80, 85, 91, 92. 
how counted as to questions or propositions, printed on, section 52, 
county clerk to provide, when, section 49. 
deficiency of, supplied how, section 55. 

delivered by voter to judge of election on leaA'ing booth, section 80. 
delivered with envelopes, receipt to county clerk for, section 54. 
delivered Avith envelopes, receipt to clerk of election for, section 54. 
delivered with envelopes, receipt to township or municipal clerk for, 
section 54. 

delivered Avith eiiA^elopes to board of election, section 54. 
delivered Avith enA'elopes to clerk of election, section 54. 
deliA'ered AA'ith enA'elopes to tOAA’nship or municipal clerks, section 54. 
deliA'ered AA’ith eiiA’elopes in sealed packages, section 54. 
deposited in box after board decides to receiA’e them, sections G8, 
7G, 80. 

deposited in box in presence of A’oter, section 80. 
deposited in box Avith poll-list, &:c., after election, section 99. 
destruction of, proceedings in case of, section 55. 
distinguishing marks on, prohibited, sections 50, 85. 
distribution of, before election day, section 57. 
enclosed in envelope before A’oting, section 80. 
entirely concealed in envelope AA’hen A’Oted, section 80. 
equal number of, for different candidates, section 93. 
error in printing, corrected how, section 53. 
form of, section 49. 

furnished before election to voters on their order, section 56. 
furnished AA’ith envelope to voter at election, section 80. 
loss or destruction of, proceedings in case of, section 55. 
manner and form of printing, section 49. 
marks on, make it A’oid, section 58. 
marks on, prohibited, section 49. 
mistakes in, correction of, section 53. 
municipal clerk to proA’ide, Avhen, section 49. 
names may be erased from, by voter, sections 59, 85. 
names of candidates for president and A’ice president may be printed 
on, section 47. 

names of candidates not accepting nomination not to be printed on, 
section 42. 





J^UEX. 


191 


Ballots, names of persons declinins^ nomination not printed on, section 44, 
number of, provided by county or municipal clerk, section 50. 
number of, provided in new districts, section 50. 
numbering- of, in counting votes, section 87. 
official, when to be used, sections 85, 284. 
pasters used on, description of, sections 50, 85. 
penalty for altering or destroying, sections 100, 105, 107, 
penalty for altering indorsement on, section 105. 
penalty for marking, section 108. 
penalty for removing from booths, section 100. 

IKmalty for showing within p(dling-room, section 108. 
penalty for voting other than official, section 108. 
plurality of, sufficient to elect, section 08. 
printed at public expense, section 48, 
printed five days before election, section 58. 
printed for local elections, how, section 85. 
printed for general elections, how, section 40. 
printed on plain white paper, section 40. 
printed on back of, what shall be, section 50. 
proceedings when lost, destroyed or stolen, section 55. 
provided at public expense, sections 48, 4i). 
provided how, for local elections, section 85. 

(luestions or propositions to be voted upon, printed on, section 52. 

received by board of election on their decision, section 76. 

rejected, strung on separate string, section 91. 

rejected, when, section 91. (See also Ballots void.) 

size of, section 49. 

township elections, for, section 85. 

uniform size, quality and type of, section 49. 

unofficial, use of, at general elections, section 55. 

unofficial, use of, at local elections, section 85. 

use of, substituted for official, section 55. 

used at local elections, inclosed in official envelopes, section 85. 

used at local elections, pasters on, section 85. 

used at local elections, void when, section 85. 

used at local elections, written changes on, section 85. 

void, general provisions concerning, sections 91, 92. 

void if designated by any mark, sections 58, 85. 

A'oid if ink or pencil other than black be used in writing names on, 
sections 59, 85. 

void if not enclosed in unsealed official envelope, section 80. 
void if paster does not conform to law, sections 59, 85. 
void, in part, section 92. 

voter must receive, before entering booth or voting, section 80. 
what names not printed on, section 49. 

Bar-room, election not to be held in, section 8. 

Betting on elections, prohibition of, section' 187. 

Blanks for election returns, &c., furnished by secretary of state, section 61. 
Blind voter, assisted hoAV, section 81. 

Board of county canvassers, see County canvassers. 



192 


INDEX. 


Board of election, addition of names to registry by, on affidavit, sections 22, 24. 
adjournment of, on election day, sections 4, 77. 
all elections, to conduct, section (J4. 
alphabetical registers, to make, sections 22, 23. 
announce publicly results of election, section 89. 
appointment of, section 15. 

appointment of, in new or altered districts, section 31. 
ballot of voter whose name has been checked, when received 
by, section 82. 

ballot-boxes in cities transmitted to the city clerk bj% 
section 99. 

ballot-boxes in townships, &c., where kept, section 99. 
canvass of votes by, sections 8(3 to 93. 
certificates of removal given by, section 3G. 
challenge of voters by, section 72. 

cheeked register filed with countclerk by, section G7. 
clerks of, who to be, section 19. 
compensation of members of, sections 178, 327. 
composed how, section 15. 

copies of registers posted by clerks of, sections 21, 22. 
copy of completed register filed with county board by,, 
sections 22, 24. 

dates of meeting to make and revise registers, sections 21 
to 24, 2G to 29. 

decision of majority is decision of, section 90. 
decision of, to receive ballot necessary before depositing 
it in box, sections G8, 7G, 80. 
dissent to decision of board by a member, section 90. 
duty of, in new or altered districts, section 31. 
duty of, on presentation of certificate of county board of 
elections, section 25. 

duty of, when voter is challenged, sections 75, 7G. 
election returns, to sign, section 80. 
erasing names from register, sections 22, 24. 
examination of nominees for, section 15. 
exhibition of ballot-box by, section GG. 
fees of members of, sections 178, 327. 
hold and conduct all elections in this state, section G4. 
how decide whether vote shall be received, section 7G. 
ineligible for any office, section 84. 
judge and inspector of, who to be, section 19. 
may examine persons as to right to vote, section 75. 
meet in cities having over 30,000 inhabitants, when, sec¬ 
tions 21, 22. 

meet in all other districts, when, section 2.3. 
meeting places of, section 18. 

members of, nominated by chairman of political parties, 
section 15. 

names checked on register on election day, section 67. 
names of, signed to poll-book, section 8G. 
names when stricken from register, section 25. 
new municipalities, in, section 237. 
nominations for members of, section 15. 





i:ndex. 


193 


Board of election, nominees for, how fitness ascertained, section 15. 

oath administered to challenged voters by, section 75. 
oath of members of, section 16. 
oath administered by members of, section 16. 
ofiicial ballots and envelopes furnished to yoter by, sec¬ 
tion 80. 

organization of, section 19. 
penalty for false registration by, section 33. 
penalty for receiving illegal votes, by, sections 33, 75. 
place of meeting, section 18. 
police power of, sections 83, 186. 
poll-list, deposited in ballot-box by, section 99. 
proceedings of, public, section 32. 
proclamation by, on opening polls, section 66. 
registers, copies, how disposed of, sections 22, 24. 
registers, made how, sections 21 to 24. 
registry of voters by affidavit, sections 21, 22, 24, 32, 35. 
removal from ofiice of member of, section 15. 
request by, for detail of police force, section 83. 
revision and correction of registers, made how, section 22. 
revision of register for local elections, sections 26 to 29. 
room for its meetings, to select when, section 8. 
shall not receive vote of person unless satisfied of his right 
to vote, section 15. 
shall sign poll-book, section 86. 

statement of result of election made by, sections 94 to 98. 

term of, section 17. 

time of appointing, section 15. 

times of meeting, sections 21 to 23. 

transmission of copy of statement of election to township or 
municipal clerk, section 96. 

transmission of statement of election to secretary of state 
. and county clerk, section 96. 

vacancy in, before election day, filled how, section 17. 
vacancy in, on election day, filled how, sections 15, 17. 
what elections to hold, section 64. 

Board of elections, see County hoard of elections. 

Board of registry and elections, see Board of election. 

Board of state canvassers, see State canvassers. 

Booths, see Election booths. 

Borough elections, manner of conducting, sections 64, 85. 

Bribery, penalty for, see Penalty. 


C. 

Candidates, acceptance of nomination by, section 42. 

certificates and petitions nominating, filed with whom, section 42. 
form of petition nominating, section 41. 
independent, who considered to be, section 43. 

names of, certified by county clerk to secretary of state, section 42. 
names of, certified by secretary of state to county clerk, sections 
43, 45. 


13 




194 


IXDEX. 


Candidates, nominated by petition, section 41. 

nominated by political party, section 38. 

nomination of, when former candidate has died or declined, sec¬ 
tion 45. 

presidential and vice presidential, included in certificate or petition 
of nomination, section 47. 
proceedings on declination of, sections 44, 45. 

Canvass of votes, made immediately after election, without adjburnment, sec¬ 
tion 89. 

manner of making, sections 8G to 93. 
open and public, to be, section 89. 
proposition submitted to vote of people, section 52. 
void ballots, sections 58, 59, 80, 85, 91, 92. 

Canvassing-books, blanks, &c., provided by secretary of state, section 61. 
Certificate of nomination, deemed valid, when, section 46. 

filed, when and where, sections 42, 45. 
form of, sections 39, 85. 

objections to, made when and how, section 46. 
objections to, passed on, how, section 46. 
open for public inspection, section 42. 
vacancy, in case of, section 45. 

Certificates and petitions of nominations, amended how, section 235. 

filed when, section 42. 
filed with whom, section 42. 
open for inspection when, section 42. 
preserved one year, section 42. 
Challenge for crime, proven how, section 71. 

generally, oath in case of, section 74. 
of person as alien, section 73. 
who may, sections 63, 72. 

Challengers, see Agents. 

Charter elections, candidates for, nominated how, sections 85, 234. 
canvassed by whom, section 102. 
conducted by whom, section 64. 
copies of register to be posted and filed, section 26. 
county boards to meet when, section 30. 
date of holding, section 2. 

duties of county boards concerning, section 30. 
held when, section 2. 

notice of registration to be published, how, sections 28, 29. 
registry of votes for, sections 26, 29, 31, 37. 
result of, ascertained how, section 94. 

Chosen freeholders, power of, to require vacancy in senate or general assem¬ 
bly to be filled, section 133. 

Cities, charter elections in, wdien held, section 238. 

charter elections in, how conducted, section 238. 
officers in, terms of, sections 239 to 248. 
vacancies in offices in, how filled, section 242. 

City clerk, duty concerning ballot-boxes, section 99. 

election blanks for local elections, to provide, section 62. 
furnish ballots, when, section 49. 



INDEX. 


195 


City clerk, may erect booths, &c., in street, section 8. • 

notice of election, to give, section 7. 

notify board of election of location of polling-room, section 8. 
procure room for registering voters, &c., section 8. 
publish notice of meetings of district boards, section 28. 
record of names of persons delivering ballot-boxes, to keep, sec¬ 
tion 99. 

record of time of receipt of ballot-boxes, to keep, section 99. 

City office, contest in case of, see Contested elections. 

Clerks of election, copies of registers posted by, sections 21, 22, 24. 

copy of completed register filed with city, township or 
municipal clerk by, section 24. 
delivery of ballots and envelopes to board of election by, 
section 54. 

duties of, on election day, section 07. 

for local election, notice of revision of register given by, 
section 29. 

who to serve as, section 19. 

Commission of messenger sent for missing statement of election, sections 
100, 124. 

Compensation of officers, sections 178, 179. 

Congress, see House of representatives. 

contested election of members of, see Contested elections. 
Congressional districts, creation of, section 252. 

representatives for, elected wffien, section 182. 
represented how, section 182. 

Constables, duty to arrest persons selling liquor on election day, section 194. 
Constitutional amendments, election concerning, ballots, how counted, section 

334. 

ballots, how procured, section 
348. 

canvassing the vote, section 
340. 

compensation to election of¬ 
ficers, section 345. 
conducted how, section 332. 
county canvassers and their 
duties, section 340. 
date of special election, sec¬ 
tion 331. 

fees allowed to newspaper 
publishers, section 346. 
governor’s proclamation, sec¬ 
tion 342'. 

notice of, to be published, 
section 343. 

official envelope not required, 
section 3.39. 

registration of voters, sections 
336, .337. 

secretary of state, duties of, 
section 347. 



196 


INDEX. 


Constitutional amendments, election concerning, state board of canvassers and 

their duties, section 342. 
voters, who may be, section 
’ 335. 

Contested elections, county and municipal officers in case of — 
appeal to supreme court, section 175. 
bond of contestant to incumbent, section lOG. 
circuit court, jurisdiction of, section 162. 
commenced by petition, sections 1G2, IGG. 
contents of petition in, section 1G7. 
costs of, who responsible for, section 172. 
grounds of contest in, section 163. 
judgment of court in, effect of, section 173. 
judgment of court in, enforced how, section 174. 
jurisdiction of circuit courts in, section 162. 
jury trial in, not to be had, section 169. 
manner of proceeding in, section 169. 
meaning of “incumbent” in, section 164. 
mode of enforcing judgment on appeal, section 177. 
notice of trial of, sectiqn 167. 
petition in, copy to be served, section 167. 
petition of contestant in, sections 162, 166, 167. 
power of court to compel witnesses in, section 170. 
precedence of appeal in, section 176. 
recognizance on appeal in, section 175. 
time of trial in, sections 167, 168. 
time within which appeal may be taken, section 175. 
what misconduct will set aside election in, section 165. 
what questions witness may be required to answer, section 
171. 

when petition in, must be filed, section 162. 

Contested elections, governor, in ease of — 

committee to try, fees and expenses of, paid how, section 
152. 

committee to try, mode of conducting proceedings by, sec¬ 
tion 151. 

committee to try, organization of, section 147. 

committee to try, powers of, section 149. 

committee to try, reports of, section 150. 

committee to try, selection of, sections 144, 145, 146. 

committee to try, vacancy in, filled how, section 147. 

committee to try, vdien to meet, section 145. 

committee to try, when to sit, section 148. 

meeting of both houses of legislature in case of, section 143. 

notice of, sections 141, 143. 

oath of members of committee to try, section 145. 
petition in case of, section 142. 

Contested elections, legislature and congress, in case of — 

attachment of witnesses for non-attendance, section 158. 
depositions in, notice of taking to be given, section 155. 



INDEX. 


197 


Contested elections, depositions in, transmitted to whom, section 157. 

depositions in, how taken, sections 154, 15G. 
notice of intention to contest, section 153. 
witnesses in, how subpoenaed, section 154. 
witnesses in, penalty for non-attendance, section 158. 
Convention of delegates, defined, section 38. 

name or title of, in case of division of party, section 
40. 

Coroner, certain offices not to hold, section 184. 
elected when, section G. 
term of, section G. 

vacancy in ofiice of, filled how, section 139. 

Counting votes, see Canvass of votes. 

County board of elections, appointment of, section 13. 

appointment of boards of registry and election by, 
sections 15, 31. 

canvass of charter elections by, section 102. 
clerk of, his compensation, section 180. 
compensation of, section 180. 
constituted how, section 13. 

delivery of registry lists to city clerk by, section 27. 
meetings to add names to and erase names from 
registers, section 25. 
members of, nominated how, section 13. 
new municipalities, duties in, section 237. 
newspapers for publication of notices, selected by, 
section 20. 

oath of members of, section IG. 
oaths administered by members of, section IG. 
office provided for, section 13. 
organization of, section 14. 

publish notice of meetings of district boards, sec¬ 
tion 20. 

revision of registers by, sections 25, 30. 

term of members of, section 13. 

time of appointment of, section 13. 

to sit as a county board of canvassers, section 102. 

vacancy in, filled how, section 13. 

when to sit to revise registers, section 25. 

County .canvassers, adjournment of, section 105. 

board of, constituted how, section 102. 
county board of elections to be, section 102. 
clerk of, in absence of county clerk, section 104. 
clerk of, oath of, section 104. 
clerk of, who shall be, sections 102, 104. 
constituted how, section 102. 

* decision of majority, effect of, section 117. 

determination of, concerning persons elected to senate, 
general assembly or county or city ofBce, sections 111 
to 113. 




198 


INDEX. 


County canvassers, determination of, filed where, section 111. 

determination of, form for, section 112. 

dissent of member of, made how, section 117. 

form of certificate of determination by, section 112. 

majority of members of, constitute board of, section 105. 

meet when and where, section 103. 

police power of, section 186. 

proceedings on adjournment of, sections 105, 107. 
proceedings to be public, section 117. 

statements by, filed with secretary of state and county and 
city clerks, section 110. 

statements of result of election to be made by, sections 
108, 109. 

when and where to meet, section 103. 
who to be, section 102. 

County clerk, ballots provided by, section 49. 

ballots and envelopes, to deliver to township and municipal clerk, 
section 54. 

certified copies of determination of county canvassers, to furnish 
to persons elected, section 114. 

certified copies of determination of county canvassers, to furnish 
to secretary of state, section 114. 
clerk of county canvassers, sections 102, 103. 

compensation and fees of, how determined and paid, section 
179. 

determination of county canvassers, to file, section 111. 
distribution of election blanks, &c., by, section 61. 
elected when, section 6. 

election blanks, &c., furnished to board of registry and election 
j by, sections 49, 51, 54, 61. 

expenses of, paid by whom, section 180. 
i missing statements of election, to obtain, section 106. 

nomination to certify to secretary of state, section 42. 
notice of election of sheriff, coroners, county clerk, register and 
surrogate, to give, section 6. 

notice of election of electors, governors and senators, to give, 
section 5. 

notice of election to fill vacancy in the legislature or congress, 
to give, section 138. 

record of delivery of ballots and envelopes to keep, section 54. 
statements of election, to produce before county canvassers, 
sections 103, 106. 

statements of elections, during adjournment of county can¬ 
vassers, to keep, section 107. 

’ vacancy in office of, filled when and how, section 139. 

County collector, to sue persons failing to transmit statement of'election to 
county clerk, section 97. 

County office, contest in case of, see Contested elections. 

County registers, vacancy in office of, filled when and how, section 139. 

Crime, when it disqualifies a voter, sections 71, 349. 

Crimes, sections 188 to 213. (See also Penalty.) 



IXDEX. 


199 


D. 

Declination of nomination, proceedings in case of, sections 44, 45. 

Disabled voters, assistance of, section 81. 

intoxicated persons not included amongst, section 81. 
persons unable to read and write not included amongst, section 
81. 

Dissent of member of board of election, how made, section 90. 

board of county canvassers, how made, section 117. 
board of state canvassers, how made, section 129. 
District, see Election district. 


E. 

Election, annual, in every city, town, borough, &c., held when, section 2. 
Election blanks, books, &c., furnished by secretary of state, section 61. 
Election booths, expense of providing, how paid for, section 180. 
furnished how, section 78. 
lighted, to be, section 78. 
local elections, for, section 85. 
manner of constructing, sections 78, 79. 
may be erected in street, section 8. 
number of, section 78. 

one person only to enter at one time, section 78. 

provided by township or municipal clerk, section 78. 

provided for local elections, section 85. 

railed inclosure to be about, section 78. 

supply of ballots and lead pencils kept in, section 78. 

time a voter may remain in, section 80. 

Election districts, boundary lines of, to be filed, section 11. 

creation and readjustment of, sections 9, 10, 237a. 

defined, section 12. 

new municipalities in, section 237. 

' number of voters in, section 9. 

Election in new municipalities, see J^ew municipalities. 

Election law, printed copy of, furnished by secretary of state, section 61. 
Election oflBcers, ineligible to what offices, section 84. 

Election, betting on, prohibited, section 187. 
board of, see Boards of election. 
contested, see Contested elections. 
effect of tie vote at, section 93. 
expense of, paid by whom, sections 178 to 180. 
general, held when, section 1. 
municipal, see Municipal elections. 
newly-created ward, in, section 2376. 
not to be held in bar-room, section 8. 

notice of, given by secretary of state, county, township and municipal 
clerks, sections 6, 7. 

notice of, published in what newspapers, section 20. 

open and closed, when, section 4. 

plurality of votes sufficient for, section 93. 

prima facie evidence of election to legislature, section 115. 



200 


INDEX. 


Election, proclamation on opening, section 66. 

returns of, signed by board of "Election, section 89. 
result of, determined how, sections 94, 111. 
result of, to be publicly announced, section 89. 
rooms, see Polling-rooms. ■ • > 

; statement of result of, section 95. (See also Statement of result of 

election.) 

who may vote at, sections 33, 68, 349. 
writ of, see Writ of election. 

Electioneering within one hundred feet of polling place, penalty for, section 207. 
Electoral college, see Presidential electors. 

Electors of president and vice president, chosen when, section 3. 

. persons ineligible as, section 183. 
qualifications of, section 3. 

•' vacancy in electoral college, how filled, 

section 132. 

when and where to meet, section 131. 

Envelopes, color to be blue, section 51. 

delivered with ballots, in sealed packages, section 54. 
delivered wfith ballots, receipt for to county clerk, section 54. 
delivered with ballots, receipt for to registry or poll clerk, section 54. 
delivered with ballots, receipt for to township or municipal clerk, 
section 54. 

delivered with ballots to board of election, section 54. 

delivered with ballots to registry or poll clerks, section 54. 

delivered with ballots to township or municipal clerk, section 54. 

distinguishing marks on, prohibited, section 51. 

furnished to voters with ballots at election, section 80. 

loss or destruction, proceedings in case of, section 55. 

marks on, prohibited, section 51. 

marks on, make inclosed ballot void, section 58. 

number of, provided, section 51. 

number of, supplied to voter, section 51. 

numbering of, in counting votes, section 87. 

official, provided by county and municipal clerks, section 51. ‘ • 

official, when to be used, sections 85, 234. 

official color of, section 51. 

printing on, sections 51, 85. 

provided by whom, sections 51, 85. 

proceedings in case official envelopes are lost, destroyed or stolen, 
section 55. 

quality and size of, section 51. 

township and local elections, for, section 85. 

unsealed, must be, when voted, section 80. 

unused and spoiled, placed in ballot-box at close of election, sec¬ 
tion 89. ' 

use of, confined to polling-room, sections 51, 85. 
used at township elections, indorsed how, section 85. 
used at township elections, must be, section 85. 
used at township elections, number provided, section 85. 
used at township elections, provided how, section 85. 
void if distinguished by mark, section .58. 



IXDEX. 


201 ^ 


Envelopes, voter may obtain a second on spoiling first, section 51. 
voting without, section 55. 
words printed on, sections 51, 85. 

Erasing names from register, sections 22, 24, 25. 

Error in printing ballots, correction of, section 53. 


F. 

Factions in political parties, names for, how selected, section 40. 

Fees of county and municipal clerks, section 179. 

of members of board of election, sections 178, 327. 
of officers, sections 178 to 180, and 327. 

on recount of votes for legislature, how fixed and paid, section 161. 


G. 

General assembly, apportionment of members of, amongst counties, section 249. 
election of members of, section 1. 

' prima facie evidence of election of members of, section 115. 
sessions of, held where, section 115. 
vacancy in, created how, section 134. 
vacancy in, filled how, section 133. 

General election, held when, section 1. 

Governor, appointment of county boards of election by, section 13. 
contested election of, see Contested elections. 
notice of election of, section 5. 
summon state canvassers when, section 119. 

’ H. 

House of representatives, certificate of election of, section 130. • • - , m. 

election of members of, section 182. 
members of, elected from ten districts, section 252. 
persons ineligible as members of, section 183. 
vacancy in, filled how, section 135. 


I. 

Incompatible offices, section 184. 

“Incumbent,” meaning of, section 164. 

Indictments, witnesses not excused from answering questions on trial of, sec¬ 
tion 213. . . 

Instructions, &c., provided by secretary of state, section 61. 

Intoxicated persons not entitled to assistance, section 81. 

Intoxicating liquor, see Penalty. 

J. . 

Justices of the supreme court, power of, on recount of votes, sections 159 to 

161. 

power of, to order correction of errors in bal¬ 
lots, section 5.3. 



202 


INDEX. 


K. 

Keys of ballot-box, custody of, after election, section 67. 

custody of, during election, section 65. 

deposited after election with county clerk, section 67. 


L. 

“Legal voters” defined, section 185. 

Legislature, certain offices not to be held by members of, section 184. 

contested election of members of, see Contested elections. 
evidence of right to seats in, section 115. 
vacancy in, created how, section 134. 
vacancy in, filled how, section 133. 

Local elections, sections 85, 234. (See also Charter elections.\ 


M. 

Missing statements of election obtained how', sections 106, 124. 

Municipal clerk, ballot-boxes, to keep, section 99. 

ballots provided by, w'hen, section 49. 
compensation of, how determined and paid, section 179. 
delivery of ballots and envelopes to registry or poll clerks by, 
section 54. 

election blanks for local elections, to provide, section 62. 
expenses of, paid how, section 180. 

notice of time, place and purpose of elections, to give, sec¬ 
tion 7. 

notify board of election of location of polling-room, section 8. 
polling-rooms, to provide, section 8. 

Municipal elections, conducted by w'hom, section 64. 

provisions concerning, section 85. 
time of holding, section 2. 
see, also. New municipalities. 


N. 

Names of different factions of parties, determined how, section 40. 

New municipalities, provisions concerning first election in, sections 237 to 237e. 
New'spapers, notice of registration and primary election, published in what, 
section 20. 

Nominating body of political party, defined, section 38. 

may appoint committee to fill vacancies, 
section 45. 

name or title, how to determine in case of 
factions, section 40. 

Nomination of candidates, by petition, section 41. 

by political party, section 38. 

certificates or petitions of, filed when and where, 
section 42; amended how, section 235. 






INDEX. 


203 


Nomination of candidates, certified how, sections 39, 41. 

made by whom, sections 38, 41. 
objections to certificates of, section 40. 
vacancies created by death, &c., may be filled by 
committee, section 45. 

when required to be made by petition or certificate, 
sections 85, 234. 

Nominations, certified by secretary of state to county clerk, sections 43, 4-5. 
Nominee, name of, not printed on ballots if he decline, section 44. 

proceedings on declination of, sections 44, 45. 

Notice of elections, by whom given, sections 5 to 7. 

Notice of election and registry, published in what newspapers, section 20. 


O. 

Oaths of members of county and district election boards, section 16. 

who may administer, section 16. 

Objections to certificates of nomination, section 46. 

Office, vacancy in, resulting from tie vote, section 93. 

who deemed elected to, section 93. 

Official ballots, see Ballots. 

envelopes, see Envelopes. 

Officers’ fees, sections 178 to 180, 327. 

Offices, incompatible, section 184. 


P. 


Packages of ballots and envelopes, sealed and delivered how and when, sec¬ 
tion 54. 

Pasters used on ballots, description of, sections 59, 85. 

Paupers not entitled to vote, section 349. 

Penalty, advancement or payment of money or other valuable thing for bri¬ 
bery, section 204. 

agreement to receive money or employment for voting or refraining 
from voting or registering, section 205. 
altering or destroying statement of determination of election, sec¬ 
tion 190. 

ballot-box robbing, section 190. 
ballots, destroying, &c., sections 190, 195, 197. 
board of election signing false statement, section 191. 
bribery, sections 219, 350. 
bribing delegates, section 218. 

bribing persons to vote or refrain from voting or registering, sec¬ 
tion 202. 

carrying official envelope from polling-room, section 196. 

conspiracy to induce voters to mark ballots or envelopes, section 200. 

county canvassers, unlawful acts of chairman or clerk of, section 189. 

county clerk, unlawful acts by, section 189. 

destroying registry list, section 209. 

disfranchisement of voter, when, section 212. 

electioneering within one hundred feet of polls, section 207. 



204 


mi)EX. 


Penalty, employment, &c., promise of, to voter, section 203. 
envelopes, destroying, &c., sections 190, 195. 

failure to transmit statement of election to county clerk, section 97. 
false registration of voters, sections 33, 34. 
false swearing, section 188. 

falsely personating a registered voter, section 34. 

falsely making or altering certificate of nomination* ballot or envelope, 
section 195. 

falsely swearing to affidavit of registration, section 35. 
giving ballots and envelopes to other than county or municipal clerk, 
by printer, section 199. ' 

inducing person to vote or refrain from voting or registering, sec¬ 
tion 202. 

intimidating workmen or employes, section 20G. 
intoxicating liquor, duty of peace officers, section 194. 
intoxicating liquor, having it in polling place, section 193. 
intoxicating liquor, selling, section 192. 
marking ballot or envelope, sections 198, 200. 
obstructing officer carrying ballot-box to city clerk, section 101. 
obstructing voter, section 207. 

official envelope, having in possession, section 208. 
primary meeting, illegal voting at, section 215. 

printing ballots or envelopes in form other than that prescribed by 
county or municipal clerk, sections 199, 208. 
receiving illegal votes, sections 33, 75, 191. 
registry list, removing, section 209. 
removing ballots or pencils from booths, section 196. 
revealing how any person has voted, section 201. 
robbing ballot-box, section 190. 
secretary of state, unlawful acts by, section 189. 
showing ballot within polling-room, section 198. 
soliciting money, &c., from candidates, section 210. 
soliciting voter to show his ballot within one hundred feet of polling 
place, section 198. 

state canvassers, unlawful acts by clerk of, section 189. 
statement of result of election, altering, section 190. 
violation of duty by any public officer, section 197. 
voting by person convicted of crime, section 71. 
voting by other than official ballot, section 198. 

Permits to challengers or agents, section 63. 

Petition of nomination, contents of, section 41. 

filed when and where, section 42. 
number of signers required, section 41. 
open for public inspection, section 42. 
verified by oath, section 41. 

Police officers, appointment of, at elections, section 83. 
detailed at elections, section 83. 

duty to arrest persons selling liquor on election day, section 
194. 

Police power of board of election, county and state canvassers, sections 83, 186. 



INDEX. 


205 


Poll-book, deposited in ballot-box after election, sections 07, 99. 

deposited in ballot-box on adjournment before close of election, sec¬ 
tion 77. 

entry at foot of list of voters in, section 80. 

entry at heading of list of voters in, section 07. ' 

entiy on adjournment before close of election, section 77. 
kept by whom and how, section 07. 

Polling-rooms, arrangement of, sections 78, 79. 

provided how and when, sections 8, 85. 
who allowed Avithin, section 78. 

Polls, public proclamation of opening to be made, section 00. 

time during which they shall be kept open, section 4. 

Presidential and vice presidential candidates may be included in certificate of 
nomination, section 47. 

Presidential electors, certificate of election of, section 130. 

elected when, section 3. 

notice of election of, section 5. 

persons ineligible as, section 183. 

qualifications of, section 3. 

time and place of meeting of, section 131. 

vacancy in office, how filled, section 132. 

Primary elections, ballot-boxes for, section 298. 

ballot-boxes for, delivery to election officers, section 308. 
ballot-boxes at, number of, section 308. 
ballot-boxes at, how constructed, section 308. 
ballots for, how prepared, sections 298, 303, 304, 305. 
ballots for, number of, section 306. 
ballots for, delivery to election officers, section 307. 
ballots spoiled, procedure in case of, section 310. 
ballots for, errors in, how corrected, section 314. 
ballots, official, for, section 298. 
ballots, unofficial, used at, section 318. 
candidates at, how nominated, section 298. 
candidates at, acceptance of nomination, section 301. 
candidate for single ward of township, how elected, sec¬ 
tion 313. 

canvassing ballots at, sections 298, 311. 
challenges at, sections 298, 309. 
challengers at, who may be, sections 309, 321. 
city committee elected at, section 302. 

clerk of city, township, &c., to notify chairman of county 
committee of number of delegates to be elected, sec¬ 
tion 303. 

clerk of municipality to provide booths, voting places, &c., 
section 307. 

clerk to deliver ballots, ballot-boxes, &c., section 308. 
conducted at public expense, section 298. 
conducted by whom, sections 208, 309. 

contested election at convention, how determined, section 
312. 

conventions, time and place of holding, section 312. 




206 


mDEX. 


Primary elections, county committees elected at, section 302. 

delegates to conventions for, sections 297, 298. 
delegate’s acceptance of nomination, section 301. 
delegates, who to be declared elected at, section 312. 
delegates, credentials of, section 312. 
errors in ballots for, how corrected, section 314. 
held for all parties at same time and place, section 298. 
held when, sections 298, 309. 
manner of voting at, sections 298, 310. 
nomination of candidates for, sections 297, 298. 
notice of, given by poll clerks, section 309. 
notice of, published in newspapers, section 201. 
number of delegates to be elected at, section 303. 
oath in case of challenge at, sections 298, 309. 
official oath of election officers, sections 217, 309. 
official ballots for, section 298. 
party registration of voters at, sections 298, 309. 
penalty for illegal voting at, section 215. 
petition nominating candidates and delegates, form of, sec¬ 
tion 300. 

petition nominating candidates and delegates, acceptance 
of, section 301. 

places for holding, section 298. 

“political party” defined, section 299. 

polling booths for, section 298. 

receipts for ballots and ballot-boxes, section 308. 

registration of voters at, sections 298, 309, 310, 319. 

registry lists for, section 298. 

statements of results of, sections 298, 311. 

unofficial ballots at, section 318. 

vacancy by death or declination, how filled, sections 313, 
315, 316. 

voter at, who may be, sections 214, 298. 
voter assisted, when and how, section 310. 
voter not to sign petitions for two parties, section 317. 
voter not to vote in box of but one party, sections 298, 317. 
Probable violation of act, how investigated, section 211. 

Proclamation on opening election to be made, section 66. 

Propositions or questions submitted to vote of people, canvassed how, sections 
52, 185. 

Propositions or questions submitted printed on official ballots, section 52. 


R. 

Railed inclosure, ballot-boxes to be within, section 78. 

constructed about election booths, section 78. 
single entry and exit provided for, section 78. 
who allowed within, sections 63, 78. 

Recount of votes, sections 159 to 161. 



I^sTDEX. 


207 


Register of voters, addition to, on affidavit, sections 22, 24. 

copies of, posted in each district, sections 21, 22, 24. 
copy of, filed with city, township or municipal clerk, sec¬ 
tion 24. 

copy of, filed with county board, sections 22, 24. 
delivery of, to city clerk for charter election, section 27. 
disposition of checked register after election, section 67. 
erasing names from, sections 22, 24, 25. 
filed, after election, with county clerk, section 67. 
for charter elections in cities having over 30,000 inhabi¬ 
tants, section 26. 

for local elections, correction of, by county board of elec¬ 
tions, section 30. 

for local elections, correction of, by election board, sec¬ 
tion 29. 

in cities having over 30,000 inhabitants, sections 26 to 28. 
kept by whom and how on election day, section 67. 
manner of making, sections 21 to 24. 
no person to vote whose name is not on, section 33. 
notice of, published in what newspapers, section 20. 
revision and correction of, by county board of election, sec¬ 
tion 25. 

right of persons to be freely heard concerning, section 32. 
Register of deeds, elected when, section 6. 

Registry, notice of, published in what newspapers, section 20. 

Registry and election, boards of, see Boards of election. 

Removal of voter, certificate in case of, section 36. 

Result of election, see Statement of result of election. 

Rooms, polling, see Polling-rooms. 


S. 

Secretary of state, certificate of election of representatives and presidential 

electors, duty concerning, section 130. 
certified copies of determination of state canvassers, to give 
to persons elected, section 127. 
election blanks, to furnish, section 61. 

may be summoned to produce papers before state can¬ 
vassers, section 125. 

messenger for missing statements of election, to commis¬ 
sion and send, sections 118, 124. 
missing statements of elections, to obtain, section 118. 
nominations, to certify, to county clerks, sections 43, 45. 
notice of election of electors, congressmen, governor and 
senator, to give, section 5. 

papers to produce before state canvassers, sections 118, 123. 
statements of result of election, to file, section 128. 

Senate, prima facie evidence of election of member of, what is, section 115. 
sessions of, held where, section 115. 
vacancy in, created how, section 134. 
vacancy in, filled how, section 133. 

Senator, notice of election of, section 5. 





208 


. INDEX. 


Sheriff, certain offices not to hold, section 184. 

duty of, to arrest persons selling liquor on election day, section 194. 

elected when, section 6. 

vacancy in office of, how filled, section 139. 

Soldiers and sailors, affidavit of, section 222. 

affidavit of person authorized to cast ballot, section 228. 
affidavit and envelope of, filed when, section 226. 
ballot of, inclosed in envelope, section 223. 
ballot of, transmitted to elector authorized to cast it, sec¬ 
tion 223. 

ballot of, when not deposited in ballot-box, section 225. 
blanks for, prepared and forwarded by secretary of state, 
section 232. 

delivery of envelope and contents to election board, sec¬ 
tion 225. 

duty of election board, section 225. 

' inner envelope inclosing ballot of, printing on, section 223. 

instrument of authority to cast vote, form of, section 224. 
instrument of authority to cast vote, inclosed in inner 
envelope, section 223. 

instrument of authority to cast vote, how verified, sec¬ 
tion 221. 

' outer envelope, how marked, section 223. 

outer envelope opened by whom, section 225. 
penalty for intimidating, section 231. 

penalty for presenting false bahdt to board of election, 
section 230. 

penalty for violation of duty by board of election, section 
229. 

postmastei' to take receipts for envelopes delivered, sec¬ 
tion 227. 

right of, to vote, sections 220, 349. 

vote of, may be cast by authorized elector, section 221. 
Special elections, when and how held and conducted, section 140. 

State canvassers, appointment of, section 119. 

basis of determination by, section 126. 
chairman of, who to be, section 119. 

chairman may summon secretary of state with papers, sec¬ 
tion 125. 

clerk of, who to be, section 119. 

clerk of, in case of absence of secretary of state, section 121. 
composed how, sections 119, 122. 

copies of determination of, delivered to persons elected, sec¬ 
tion 127. 

determination of persons elected by, sections 123, 126. 
dissent of members of, how made, section 129. 
may summon secretary of state to produce papers, section 
125. 

meet when, section 119. 
oath of clerk of, section 121. 
oath of members of, section 120. 
police power of, section 186. 



IXDEX. 


209 


State canvassers, proceedings of, to be public, section 129. 

statement of result of election, to make, sections 123, 126. 
statement of determination, to make, sections 123, 126. 
statements made by, filed with secretary of state, section 123. 
statements laid before, when, section 123. 

statements produced before, to be filed with secretary of state, 
section 128. 

vacancies in board of, filled how, section 122. 

Statement of result of election, by board of election, form of, section 95. 

by board of election, copy of transmitted to 
township or city clerk, section 96. 
by county canvassers, sections 108, 109. 
by county canvassers, filed with county and 
city clerk and secretary of state, section 110. 
by county canvassers, form of, section 109. 
by state canvassers, section 123. 
county clerk to send for missing statements, 
section 106. 

custody of, during adjournment of county can¬ 
vassers, section 107. 

delivery of, ordered by justice of supreme court, 
section 98. 

obtained how, when not properly forwarded 
to county clerk or secretary of state, sec¬ 
tion 106. 

penalty for altering or destroying, sections 189, 
190. 

penalty for failure to transmit, section 97. 
produced before county canvassers filed with 
county clerk, section 116. 
secretary of state to send for, when, section 
12-4. 

transmitted to county clerk, section 96. 
transmitted to secretary of state by board of 
election, section 96. 

transmitted to secretary of state by county 
canvassers, section 110. ' 

transmitted to township or municipal clerk, 
section 96. 

Street, erection of polling-room in, section 8. 

Suffrage, right of, section 349. 

Surrogates, elected when, section 6. 


T. 

Tally papers deposited in ballot-box, section 99. 

Tie vote, effect of, section 93. 

Towns, manner of conducting elections, sections 64, 85, 234. 

Township clerk, ballot-boxes, to keep, section 99. 

delivery of ballots and envelopes to election clerks by, sec¬ 
tion 54. 


14 



210 


iroEX. 


Township clerk, election blanks for local elections, to provide, section G2. 
envelopes furnished when, section 85. 
expenses of, how paid, section 180. 
fees of, section 179. 

notice of time, place and purposes of all elections, to give, 
section 7. 

notify board of election of location of polling-room, section 8. 
polling-rooms, to provide, section 8. 

Township elections, ballots for, provided how, section 85. 

distinguishing marks on ballot or envelope prohibited, sec¬ 
tion 85. 

election booths, provided for, section 85. 
envelopes for, i^rovided how, section 85. 
held and conducted by whom, section G4. 
held where, section 85. 
manner of conducting election, section 85. 
nomination of candidates by petition or certificates not re¬ 
quired, sections 85, 234. 

notice of meeting for revision of registers for, section 29. 

registration of voters for, section 29. 

revision and correction of register for, section 29. 

result of, how ascertained, section 94. 

suitable room provided for by township clerlj, section 85. 

unofficial ballots used at, section 85. 

what provisions not applicable to, sections 85, 234. 

Township office, contest in case of, see Contested elections. 


V. 


Vacancy in board of registry and election, filled how, section 17. 
electoral college, filled how, section 132. 
house of representatives, filled how, section 135. 
legislature or congress, copies of w^rits of election to fill, delivered 
to county clerks, section 137. 

legislature or congress, notice of election to fill, section 138. 

* nominations filled how, section 45. 

ofiice, caused by a tie vote, section 93. 

office of sheriff, coroner, county clerk, register or surrogate, filled 
how, section 139. 

senate or general assembly, created how, section 134. 
senate or general assembly, filled how, section 133. 
state board of canvassers, filled how, section 122. 

Villages, charter elections in, section 249. 

Voters, blindness or physical disability, provisions in case of, section 81. 
certificate of transfer of, section 3G. 
disqualified by certain crimes, section 71. 

freedom of, from arrest on civil process on election day, section 70. 
intoxicated persons not included amongst disabled, section 81. 
legal, defined, section 185. 

must receive ballot and envelope from board of election and enter booth 
before voting, section 80. 



IXDEX. 


211 


Voters, must state his residence, section 67. 
must vote where, sections 68, 60. 
name of, checked off on register, section 67. 

name of, to be publicly announced on tendering vote, section 68. 
official ballots furnished to, before election day, section 56. 
persons unable to read and write^ not included amongst disabled, sec¬ 
tion 81. 

right of, to be freely heard concerning registry, section 32. 
right to vote though name has been checked on register, section 82. 
who may exercise the right of, sections 33, 68, 349. 
who may vote after hour for closing, section 78. 

Voting machines, adjournments of election board using, section 277. 
assistance to voter using, section 275. 
arrangement of polling-room containing, section 272. 
ballots used with, defined, section 259. 
ballots used with, how printed, section 260. 
board of commissioners of, their appointment, terms, duties, 
fees, &c., sections 252 to 255. 
constitutional amendments, how to vote on, section 291. 
constructed how, sections 256, 257. 
election boards using, adjournments by, section 277. 
election officers’ duties, section 274. 

emblems for ballots used with, how adopted, section 258. 
independent ballots used with, section 279. 
instruction ballots, concerning use of, section 263. 
irregular ballots used with, section 274. 
keys of, care, use and disposition of, sections 276, 279. 
municipal clerk’s duty concerning, section 274. 
multi-candidate groups used with, section 274. 
official ballots for, use with, how prepared, furnished and 
disposed of, sections 262, 264. 
party lists used with, how distinguished, section 260. 
party nominations, emblems, &c., how’ arranged on, sections 
261, 290. 

payment for, by issuing bonds, &c., section 271. 
penalties, sections 281, 282. 

political organizations may purchase sample, section 283. 

polling-rooms, how supplied with, section 274. 

polls to be closed when, section 277. 

procedure where machine breaks down, section 275. 

purchase and care of, sections 292 to 296. 

registration of voters and conducting elections, section 266. 

repairs of, &c., sections 270, 280. 

result of election, how announced, certified and returned, sec¬ 
tion 278. 

substitute for ballots and ballot-boxes, section 267. 
unofficial ballots used with, section 265. 
use of, authorized, sections 251, 268, 269. 
voting with, how done, section 273. 




212 


mDEX. 



w. 

Witnesses compelled to testify in bribery cases, though answers may crim 
nate them, section 213. 

Writ of election to fill vacancy— 

duty of secretary of state as to,•section 137. 

filed where, section 137. 

in house of representatives, section 135. 

in legislature, section 133. 

nature and contents of, section 136. 

notice of, published How, section 138. 


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